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Home My WebLink About03.06.06 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City ofF armington provides quality services that preserve our proud past and foster a promising future. AGENDA PRE-CITY COUNCIL MEETING March 6, 2006 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS a) Interview Rambling River Center Applicants 6. ADJOURN PUBLIC INFORMATION STATEMENT ouncil workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING MARCH 6, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS a) Swearing-In Ceremony - Police Officer b) Introduce New Employee - Parks and Recreation CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/21/06 Regular) (2/15/06 & 2/28/06 Special) b) Capital Outlay - Parks and Recreation c) Adopt Resolution - Accept Donation Rambling River Center - Parks and Recreation d) School and Conference - Parks and Recreation e) School and Conference - Police Department f) Customer Service Response Report - Administration g) Capital Outlay - Human Resources/Information Technology h) Appointment Recommendation Police - Human Resources i) Schedule Council Workshop - Administration j) Approve Educational Track - Finance k) Capital Outlay - Public Works 1) Approve Agreement - Vermillion River Watershed Joint Powers Board- Engineering m) School and Conference - Community Development n) Approve MUSA - Mystic Meadows Phase II, Don Peterson, Bill Adelmann - Community Development 0) Adopt Joint Resolution - Perkins Property - Community Development p) Approve Quit Claim Deed (former Downtown Liquor Store) - Community Development q) Appointment Recommendation Police - Human Resources Action Taken Sworn-In Introduced Approved Information Received R26-06 Approved Information Received Acknowledged Information Received Approved March 22, 2006 Approved Information Received Approved Approved R27-06 R28-06 Approved Approved r) Approve Bills 8. PUBLIC HEARINGS a) Adopt Resolution - 2006 Seal Coat Project Hearing - Engineering 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Appointment Recommendation Rambling River Center - Administration b) Approve Skate Park Agreement - Parks and Recreation c) City Building Process Discussion - Administration d) Consider Resolution - Constitutional Dedication of the Motor Vehic1e Sales Tax - Finance e) Adopt Resolution - Approve Final Plat Vermillion River Crossings 2nd Addition - Community Development f) Approve Landscape Plan - Vermillion River Crossings Approve Unifying Design Theme - VermiUion River Crossings - Community Development 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Approved R29-06 Gil Anderson Approved Information Received R30-06 R31-06 Approved City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING MARCH 6, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Swearing-In Ceremony - Police Officer b) Introduce New Employee - Administration c) Introduce New Employee - Parks and Recreation 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/21/06 Regular) (2/15/06 & 2/28/06 Special) b) Capital Outlay - Parks and Recreation c) Adopt Resolution - Accept Donation Rambling River Center - Parks and Recreation d) School and Conference - Parks and Recreation e) School and Conference - Police Department f) Customer Service Response Report - Administration g) Capital Outlay - Human Resources/Information Technology h) Appointment Recommendation Police - Human Resources i) Schedule Council Workshop - Administration j) Approve Educational Track - Finance k) Capital Outlay - Public Works I) Approve Agreement - Vermillion River Watershed Joint Powers Board- Engineering m) School and Conference - Community Development n) Approve MUSA - Mystic Meadows Phase II, Don Peterson, Bill Adelmann - Community Development . 0) Adopt Joint Resolution - Perkins Property - Community Development p) Approve Quit Claim Deed (former Downtown Liquor Store) - Community Development Action Taken Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 q) Appointment Recommendation Police - Human Resources r) Approve Bills 8. PUBLIC HEARINGS a) Adopt Resolution - 2006 Seal Coat Project Hearing - Engineering 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Appointment Recommendation Rambling River Center - Administration b) Approve Skate Park Agreement - Parks and Recreation c) City Building Process Discussion - Administration d) Consider Resolution - Constitutional Dedication of the Motor Vehicle Sales Tax - Finance e) Adopt Resolution - Approve Final Plat Vermillion River Crossings 2nd Addition - Community Development f) Approve Landscape Plan - Vermillion River Crossings Approve Unifying Design Theme - Vermillion River Crossings - Community Development 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 . . . 5a..- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers ~ / r'v Acting City Administrator ~ Daniel M. Siebenaler, Police Chief FROM: SUBJECT: Oath of Office Officer Nate Siem DATE: March 6, 2006 INTRODUCTION / DISCUSSION Officer Nate Siem was hired for the Farmington Police Department on February 21, 2006 by action of the City Council. Officer Siem began his duties with the department on February 28th and has started formalized Field Training. ACTION REQUESTED It has become a tradition for new members of the Farmington Police Department to take their Oath of Office during a regular meeting of the City Council. After the introduction of Officer Siem to the City Council and the public, the City Administrator will administer his Oath of Office. Respectfully submitted, ~~ Daniel M. Siebenaler Chief of Police 7 a.... COUNCIL MINUTES PRE-MEETING February 21, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, Pritzlaff, Wilson McKnight Joel Jamnik, City Attorney; Robin Roland, Acting City AdministratorlFinance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty suggested moving item 11a) 195th Street Extension to TH3 Project to the consent agenda. Councilmember Wilson asked about an attachment for the comp plan amendment and rezone for the Regan property. He wanted to make sure the action tonight was to rezone from A-I to B-1 and that staffis continuing to discuss the road issue with Mr. Regan. Mayor Soderberg noted the attachment was written to the Planning Commission and was only information for Council. Attorney Jamnik explained the only conditions that will apply are those Council attaches to their actions. Councilmember Pritzlaff also asked about the item for the Regan property and the statement that this initial extension is proposed to be constructed with the development of the adjacent Perkins property. The last remaining section of land needed to make the connection between TH3 and Cambodia Avenue is the former railroad right-of-way that is now part of the Regan property. He asked if this resolution sets that road in place. Staff replied no and explained that memo is for the Planning Commission and they did not make it a contingency. It was only for information. Council Minutes (Pre-Meeting) (DATE) Page 2 Councilmember Pritzlaff then asked about the preliminary 2005 financials. He asked questions about the revenues for licenses and permits. Staff explained licenses and permits are also issued by other departments and not just Community Development. He also asked about the year-to-date totals for revenues and expenditures. Staff explained the revenues in the general fund are about $109,000 short from the adjusted budget and expenditures are approximately $200,000 over the adjusted budget. The general fund has $6.8 million in revenue and $7 million in expense. Finance Director Roland explained revenues and expenditures for various funds. Councilmember Wilson asked to add another total line for Special Revenues and Enterprise Funds. City Attorney Jamnik added an Executive Session to discuss ISD 192 litigation update. Mayor Soderberg suggested moving the 2006 Mill and Overlay Project to Consent. Councilmember Pritzlaff was wondering since Councilmember McKnight was absent if they should table accepting the study for the Community Center. Mayor Soderberg noted this is to discuss the location and the basic concept. Staff explained any further discussion will be postponed until after the goal setting session. Staff wanted to present background information to Council so they would have it prior to the goal setting session. It was agreed to have the presentation. 5. STAFF COMMENTS 6. ADJOURN MOTION by Fogarty, second by Pritzlaffto adjourn at 6:47 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~'/' :k: - ;J'?/~~ ..~ ..-; ( Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR February 21, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, Pritzlaff, Wilson McKnight Joel Jamnik, City Attorney; Robin Roland, Acting City Administrator/Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Karen Neal, Michelle Franke 4. APPROVE AGENDA Councilmember Fogarty moved item lOb) 2006 Mill and Overlay Project and item IIa) 195th Street Extension to TH3 Project to the Consent Agenda. City Attorney Jamnik added an Executive Session for discussion ofISDI92 litigation update as a continuation of the discussion at the last meeting. Acting City Administrator Roland added a supplemental item for Appointment Recommendation - Administration. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (2/6/06 Regular) (2/13/06 Special) b) Adopted RESOLUTION R21-06.Approving Gambling Event Permit- Administration c) Approved Temporary On-Sale Liquor License - Administration Council Minutes (Regular) February 21,2006 Page 2 d) Set March 6, 2006 Interview Date for Rambling River Center Advisory Board - Administration e) Received Information School and Conference - Finance f) Approved Appointment Recommendation Police - Human Resources g) Approved Appointment Recommendation Parks and Recreation - Human Resources h) Approved Assessment Agreement - Ash Street Project - Engineering i) Adopted ORDINANCE 006-550 Approving Text Amendment Allowable Uses and Maintenance of Boulevard Trees and Reference to Street Trees - Community Development j) Approved Bills k) Approved Appointment Recommendation Administration - Human Resources I) Adopted RESOLUTION R22-06 Approving 2006 Mill and Overlay Project- Engineering m) Adopted RESOLUTION R23-06 Approving 195th Street Extension to TH3 Project - Engineering APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) NPDES Phase II Annual Report - Engineering Jen Collova, Natural Resources Specialist gave an update on the Storm Water Pollution Prevention Plan. The program needs to meet six requirements: 1. Public Education and Outreach 2. Public Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post Construction Runoff Control 6. Pollution Prevention/Good Housekeeping The report will be due June 30. With the new permit the City will need to get to 1988 standards for the amount of discharge. Also the width ofthe buffers will have to change for new developments. MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Accept Summary Report Community Center Study - Parks and Recreation The Community Center Study Committee has completed their work. They addressed the following: 1. Develop a detailed construction budget and preliminary design and site plan 2. Explore sites and prioritize 3. Explore partnerships and make a recommendation Council Minutes (Regular) February 21,2006 Page 3 Bonestroo, Rosene, Anderlik was hired as a consultant to the committee. Ballard King was also involved with the partnership aspect. Mr. Jim Maland of Bonestroo presented the tasks the committee accomplished. The study identified a program based on the community's needs. The committee re-evaluated the program and went through space by space and rated them in order of importance to establish a phasing plan consisting of two phases. The committee looked at eight sites and chose the Newland Communities property. Diamond Path is to the west and north, 195th Street is on the south, and there are wetlands to the east. The Community Center would be located in the southwest corner of the property with parking and also baseball and soccer fields. This is a 55-acre site. Mr. Maland discussed what features would be included in phases one and two. The estimated cost is $16 million for phase one and phase two is $3.6 million. This also includes site improvements, but does not include the athletic fields. The financial scenario shows the most money the City would pay for phase one if it were to go out for referendum without any additional partners. The City needs to look at what the effect would be if the City added $16 million to their bonding if the referendum passed. The debt service would be for 20 years. This would be a market referendum which would mean the burden of the payment would come from residential properties, not commercial properties. If the referendum were approved, the earliest we could break ground would be in 2008. A $250,000 house would see an increase to their taxes of approximately $163 in the first year declining over a period of time down to $74.51 in 2027. The land would be obtained through park dedication, so the City would not be paying for the land. MOTION by Fogarty, second by Wilson to accept the Community Center Summary Report, approve the Newland Communities site as the preferred site for a Community Center, approve continuing to explore Community Center financial partners, approve the Community Center concept plan that identifies the spaces and phasing plan for a Community Center, and postpone a decision on a referendum until after the City Council Goal Setting Retreat on March 10, 2006, but no later than April 30, 2006. APIF, MOTION CARRIED. c) Adopt Resolution and Ordinance - Comprehensive Plan Amendment and Rezone - Regan Property - Community Development Mr. Pat Regan has submitted applications to amend the comp plan from non- designated to industrial as well as a rezone application from A-I to I-I. The property was annexed into the City on June 9, 2005 when it was given an A-I zoning designation. Mr. Regan has entered into a IO-year lease agreement with Mobile Mini Storage. This business would supply mobile storage units, offices, and trailers to various locations in the Twin Cities and perform repair and maintenance on site. They would utilize two of the three buildings on site. The Hometown Addition is to the north, TH3 is to the west, Dakota Storage is to the south, and Glenview Townhomes and Bristol Square is also to the south. The Planning Commission reviewed Hie applications at the February 14, 2006 meeting. Staff recommended that the Planning Commission deny the comp plan Council Minutes (Regular) February 21,2006 Page 4 amendment from undesignated to industrial as well as deny the rezone application from A-I to I-I due to the property's proximity to TH3 as well as the various properties surrounding it that have a B-1 zoning designation or have that potential. Staff recommended a comp plan designation from undesignated to commercial and rezone the property to B-1. The Planning Commission agreed with this recommendation. Mr. Pat Regan stated he did not have a problem with the comp plan designation to commercial. He had asked for industrial because he understood that is what fit the property under its current use and going back to the original request for annexation, he was of the understanding they would be able to continue under their current existing use. He understood industrial was the most applicable zoning. After reading staffs comments about the long-term prospects for the property and the neighboring properties being zoned commercial he can agree with that. As far as the rezoning, he felt their current use more closely fits the B-3 designation rather than a B-1. He was concerned with having to go through a CUP process where all of their uses and setbacks and ability to operate like they have historically would come under scrutiny of a new CUP. In his letter of February 10, 2006 to staff, it is still extremely critical to him where he asked that any CUP conditions be based only on the current applicable conditions for property use in I-I zoning districts. After the Planning Commission meeting and talking to staff he is willing to change that to B-3. Whatever B-3 requires that would be the terms of a CUP that he would be agreeable to. The B-1 zoning is fine as long as everyone understands Mr. Regan is agreeable to the conditions in a B-3 zoning designation as the terms for the CUP. This goes back to his historical request to continue to be able to operate his business or any business like the bus terminal. They have been able to attract one tenant that fits very well under those conditions and under the B-3 zoning requirements. He has one more building at 7800 sq. ft. that is available for lease and they anticipate someone will have a business where they repair vehicles or have to store vehicles inside and outside the building. When he looked at B-1, their use does not closely fit B-1 and he is not prepared to get into a detailed set of scrutinized circumstances having to do with a CUP. He wanted to make it very clear he intends, and they have asked for all along, to operate like a B-3 business. Mayor Soderberg asked if Mr. Regan brought this up to the Planning Commission, which he did. Mr. Regan wanted to make it clear that the CUP that he is willing to agree to would be based on the B-3 zoning requirements. Their setbacks do not fit in B-1. He has already planted screening around his property. If the City approves residential uses next to a B-3 use, they have been there since 1982 as a bus company and Dakota Electric was there prior to that. He wants to continue to operate like they have been. City Attorney Jarnnik stated the Planning Commission would have to process the CUP. The Council cannot predetermine the outcome of that CUP application process. The Council does not have jurisdiction over that matter with the Council Minutes (Regular) February 21,2006 Page 5 Planning Commission unless it is appealed to the Council. Mayor Soderberg informed Mr. Regan that the City is intending on putting 21 oth Street somewhere in the vicinity of the old railroad right-of-way to make a connection. Mr. Regan stated he has been aware of that for a long time. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R24-06 amending the Comprehensive Plan from non-designated to commercial for the property located at 21054 Chippendale Court and adopt ORDINANCE 006-551 rezoning this property from A-I to B-1. APIF, MOTION CARRIED. d) Preliminary 2005 Financials - Finance Regarding the general fund, during the revised 2005 budget process, staff cut over $300,000 from the revenues anticipated due to less than expected building permit revenues. The anticipated budget for revenues was $6,902,864. The preliminary estimate as of December 31, 2005 shows revenues will arrive at $6,793,341, a difference of$109,523. Of that, approximately $84,000 is a further shortfall in permit revenues from anticipated. There is also a mark to market adjustment for the investment income. Staff holds all investments to maturity and does not sell them at market any time prior to maturity. Consequently we will capture all of the investment interest we have on the books. The adjustment amounted to $55,000. Regarding special revenue funds, the park improvement fund had a revised budget for revenues of $346,000. They almost doubled that revenue due to the significant amount of park dedication fees which were collected in 2005 due to the development of Park view Ponds and Mystic Meadows. The Rambling River Center almost made revenue budget and the pool exceeded budgeted revenues. Revenues in the enterprise funds went from 79% of budget which is the sewer revenue and will change once the final analysis of billings is done and adjust the accounts receivable, to 136% of expected revenues in the storm water fund. This number is significantly increased due to corrections that were made in billing and some errors found from previous years which have been recouped. Liquor operations were at 92.99% of budgeted revenues and this is with the downtown store moving for two months out ofthe year instead ofthe anticipated four months. With regard to expenditures, staff attempted to reduce expenditures by the same $300,000 which amounted to revised expenditures of$6,886,189. At this point expenditures are at $7,061,417. Two departments exceeded budget, one was at budget and the rest were under budget with revised numbers. The Administration budget was over due to three months of salary and benefits that normally would have arrived in 2006 but was expended in 2005. The Police Department budget is at 106.96% due to two factors. One was the storm on June 24, 2005 and the costs of cleanup are included under the Emergency Management Division budget under Police services. Also in 2005 we had significant costs due to two personnel issues. One was the school district requested a second liaison officer. However that officer was offset by 100% recoup on his salary and benefits from the school district. The other personnel issue's were a couple of retirements where severance packages were paid out. Transfers out is not at the budgeted level and does not Council Minutes (Regular) February 21, 2006 Page 6 need to be. This is due to the fact the Rambling River Center and the swimming pool did so well this year and do not require the level of transfer outlined. This maybe reduced by $10,000 - $15,000 in expenditures. The Park Improvement Fund had a budget expenditure of$399,000 and they came in at $461,000, but they had the revenues to counter balance that. The Rambling River Center and swimming pool were both significantly under for their expenditures and therefore less of a transfer is necessary. Regarding expenditures for the enterprise funds, the liquor operations have not been adjusted for significant capital outlay costs. Sewer, solid waste, storm water, and water all were under budget for expenditures. The water budget has not been adjusted for any trunk fees. The expenditures for the up sizing in Ash Street have not been transferred yet. Mayor Soderberg noted the improvements in the budget for the Rambling River Center, the pool, and the ice arena. He commended all of staff for holding expenses down. 11. UNFINISHED BUSINESS b) Adopt Resolution - Authorize Advertisement for Bids Spruce Street Extension Project - Engineering At the October 18, 2004 meeting Council ordered the plans and specifications for the Spruce Street extension project. The plans are ready for approval and to go out for bid. The improvements include the roadway, the bridge, street lighting and storm sewer from Denmark Avenue including improvements on Denmark as far as turn lanes, all the way to the center of Vermillion River Crossings. During the design process, landscaping was added to the median along Spruce Street, trunk watermain was also proposed to be added to this proj ect rather than a private development project in the future. Those trunk facilities will be funded by the trunk fund. Also included are some gateway monuments and aesthetic improvements at Denmark and Spruce Street. Interpretive signage, etc. could be included in the monument. Staff gave Council the option of including this as an alternate in the process. If the bids come in favorably, then Council could decide whether to include this in the project. If the bids do not come in favorably, this could be added as a project in the future. The estimated budget is $3,350,000. The City has received a Met Council Livable Communities Development Grant in the amount of$955,000 specifically for the bridge and improvements. The trunk watermain costs are estimated at $400,000 and would be funded out of the trunk water fund. The estimated project cost for the gateway improvements is $490,000. Council agreed aesthetics will be very important to this project and supported including the gateway monument in the bid process. MOTION by Wilson, second by Pritzlaffto adopt RESOLUTION R25-06 approving the plans and Council Minutes (Regular) February 21,2006 Page 7 specifications and authorizing advertisement for bids for the Spruce Street Extension Project. APIF, MOTION CARRIED. c) Snow Removal Policy - Sidewalks on Ash Street - Engineering There are two property owners along Ash Street that will not grant the City the easements necessary to allow the City to remove the snow on the sidewalk along Ash Street. Previous Council direction indicated if complete cooperation was not received, staff would enforce the ordinance regarding snow removal on sidewalks as is. Mayor Soderberg stated it was his understanding it would be all or none. Therefore, the snow removal policy regarding sidewalks will continue according to City policy. To bring this forward again, property owners would need to bring a petition to Council. Staffwill inform residents who had agreed to the easement, that it will not be needed. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Thanked Parks and Recreation Director Distad and his staff for the great Park and Rec programs offered. Councilmember Wilson: was hired. Stated he was glad to see a new Communications Specialist Counci/member Pritz/aff: Noted the website says we are still removing Christmas trees. Staff replied it was removed after the last meeting. He attended the Council and Park and Rec Workshop, the ribbon cutting at Round Bank, the MUSA Review Committee meeting, and attended the Experienced Elected Officials Conference. Finance Director Roland: The Goal Setting is scheduled for March 9 for Council and the Acting City Administrator and on March 10 for Council and the Management Team. The March 9 meeting will start at 5:30 in the Council Room and Council should anticipate 2-3 hours. Supper will be provided. On March 10, the meeting will begin at 7:30 a.m. in the Police Facility conference room. The full Council will be present until 11 :00 a.m. After that we will be missing one Councilmember. Councilmember Fogarty anticipated needing the whole day. Staff will be working on the agenda for that workshop. It is staffs intent prior to that workshop to give Council all of the background information for the items to be discussed so more time can be spent talking about the projects themselves and issues related to them and not spend a lot of time reviewing history and information already received. City Engineer Mann: The MN Office of Pipeline Safety along with the legislature put forward some legislation that requires Cities to locate within a distance of 2 ft. City sewer and water services in the right-of-way. We have not been required by law to do that up until this time. The water lines are not difficult to locate, however the Council Minutes (Regular) February 21,2006 Page 8 sanitary sewer pipe is plastic and there is no locating wire. Staff now has to locate them within 2 ft. or the City is liable for any conflicts that occur with small utilities that come through those areas. Staff is putting standards into place as far as sanitary sewer service construction is concerned that will allow staff to do that locating. Detail plates will be sent out to contractors and developers by the end of this week. Staff is obligated by law to start locating those services for anything built after January 1, 2006. Council will also be provided a copy of this packet. Mayor Soderberg: He attended the reception for Round Bank and Thursday Round Bank will be hosting the Chamber's Business After Hours. They have a conference room that will hold 40 people. 14. EXECUTIVE SESSION - Discuss ISD 192 Litigation Update 15. ADJOURN Respectfully submitted, ,d4 /yJJ L{..dt-<../ {;;:~.~ (/ Cynthia Muller Executive Assistant JOINT COUNCIL/PARKS AND RECREATION COMMISSION WORKSHOP MINUTES February 15, 2006 Mayor Soderberg and Chair Oswald called the workshop to order at 5:03 p.m. Present: Council: Soderberg, Fogarty, Pritzlaff Parks and Recreation Commission: Oswald, Hanson, Higgins, Neal MOTION by Fogarty, second by Pritzlaffto approve the agenda. APIF, MOTION CARRIED. Community Center Presentation The Community Center Committee looked at seven sites. Two sites were within the Newland Communities property, one in Mystic Meadows which has been identified as a future adult softball complex, ten acres on the Meadowview Elementary site, the Don Peterson property which was part of a Town and Country development, the Jim Allen property adjacent to the Fire Station along Denmark Avenue, and the County Fairgrounds. The committee decided on a site in the Newland Communities property consisting of 55 acres. A community survey was conducted to determine what activities should be included in the Community Center. The Committee looked at ten different partners. It was decided to partner with Newland Communities and Dakota County. Representatives from Bonestroo presented the site plan. Because of the alignment of Diamond Path, the park was split in two and created an unsafe situation and small pieces. There was also a concern with the alignment of Deerbrooke Path and it was determined that was not needed as a collector so it was made as more of a park road. They grouped soccer fields and youth baseball so there was not the need to cross over from field to field. The park was also moved more towards the wetlands and the river. This site will accommodate the first and second phases and also future expansion. The land is very flat and low with a high water table. To accommodate a facility of this type, there will be a series of ponds created in order to elevate the site and to manage the storm water. There is the ability to create a lot of paths leading to the wetlands which could be used as an educational tool. Some of the practice fields could be built into the wetlands. There is room to expand the parking for future phases. There is the potential to connect to the North Creek greenway and to the trail system. The creek along the east side will be re-meandered and the street to the south is 195th Street. Council agreed this site was the best location. The site contains enough room for five adult soccer fields or 10 youth soccer fields. There is also room for little league softball fields. The recreational facility needs study showed there was a need for an adult athletic complex and a youth (ithletic complex. This fulfills the need for the youth complex. The area for an adult complex has been identified further to the south. Next Bonestroo presented the details of the plan. The Community Center includes a vestibule which overlooks the pool facility to the left, an outdoor deck, a lap pool, a control desk, party rooms, locker rooms, a senior room, a babysitting room, office, game room, teen center, Council/Parks and Rec Commission Workshop February 15, 2006 Page 2 concessions, storage, a gym, a weight facility, and a climbing wall. There will be an elevator and stairway leading to the second floor which contains a 10ft. wide running track which is wide enough for three lanes around the perimeter, a cardiovascular room, and an aerobics room. Phase one will not include the lap pool, the multi-purpose area, and the indoor play area. The total cost for phase one is $16 million and phase two would be $3.6 million. In phase one the weight room is the multi-purpose room. Phase two would contain a multi-purpose room with a separate entrance and would be located off the senior room and the babysitting room. The budget numbers were obtained from a data base of information and adjusted for costs in the region and applied to each space. The budget will be discussed at the February 21,2006 Council meeting, the tax impact, the referendum, and how this will fit into the debt plan. This will also be discussed at the goal-setting workshop and how it will fit in with other projects. Comprehensive Plan's Park. Trails. Facilities and Recreation Pr02rams Chapter The Park and Rec Commission has come up with a framework to update the master plan for parks, trails, facilities and recreation programs. The Commission asked for input from the Council on the framework and whether staff should do the work or use a consultant. Staff recommended having a consultant help develop the benchmarks as far as what the City would like, work with stakeholder groups, and do a survey. Staff would do an RFP to determine what the cost would be. Council agreed the Comprehensive Plan needs to be updated and agreed with using a consultant. Park. Trail. Sidewalk and Open Space Plannin2 Philosophy in Future Developments Mayor Soderberg stated trails or sidewalks are fine with him just so there is a passageway for pedestrians offthe street. Ifit can be a part ofthe trail system, he has no objection. Any trail or sidewalk in front of a home is the responsibility of the homeowner to clean. As far as a trail being in the front or back of a home, having a trail around a storm water retention pond that is dry most of the year is not that aesthetic. He would lean more towards the front ofthe house. Councilmember Fogarty likes the trail in the back of her house as it leads to the trail system and to the parks. Councilmember Pritzlaffnoted in Mystic Meadows the ponds were man-made and the trail just goes around the large pond and there is no access to it. In that situation, he would not care for trails in the back. The Park and Rec Commission noted it needs to be determined if ponds are serving the whole community or just the neighborhood. The Commission met with Lakeville and they take a strip of land around the pond for park dedication and install a trail with lights behind the homes. Mayor Soderberg noted if that were in place before the home was built, the owner would be aware of it before purchasing the lot. Staff is looking at the right-of-way obtained from developers. Right now when the trail is placed in the boulevard there is not enough space between the curb and the trail to install boulevard trees. Staff is looking a creating a wider right-of-way for more space to plant trees. This is another way of creating a greenway. The Commission would like to create short and long loops of trails. Mayor Soderberg asked if the Commission was looking for a policy decision on whether to take advantage of these man-made natural resources. Staff replied the issue is whether Council wants to require the developer to put it on the pond property (which would be City property) and we would not have to take land dedication for that. It would go on an existing outlot that is part of the park dedication. Or if Council does not want a trail by the pond and wants to take park CouncillParks and Rec Commission Workshop February 15,2006 Page 3 dedication it would require an additional strip of land that would go against the requirements. By taking it as part of the pond lot, we are getting more trails without giving up park land dedication. The trail would define the boundary as the edge of the property. A discussion on the trail philosophy will be included in the goal-setting retreat. Lon2:- Term Capital. OperatiD!! and Maintenance Fundin2: for Parks. Trails and Recreational Facilities Council had approved the budget for park improvements for 2006 and there had to be cuts because the park improvement fund balance is not as high as anticipated. The Commission wanted to discuss if there was any other funding sources beyond development and the liquor store profit transfers. The issue the Commission faces is we are funding both new and existing parks out of the same fund when the funding source is coming from new development and the liquor store transfers. Mayor Soderberg noted this also raises the issue of how to fund improvements once the City is built out. There would have to be a levy and user fees of some sort. Staff asked if when existing parks are re-developed is there a different funding source. Development should pay for its own parks and trails, but this is not addressed with existing parks. Mayor Soderberg stated he would not be opposed to looking at revising the park dedication fees and suggested the Park and Rec Commission start this process. Adding to the general levy is tough. During the budget process staff will also look at fees and other revenue sources. Councilmember Pritzlaff agreed with a small increase for park dedication fees but not as much as a third. He felt it would not be fair to future developers. He asked if we can do an assessment when parks are re-developed. Acting City Administrator Roland noted that is not allowed by statutes and does not fall under 429. If the project involves the proximity around the park, such as a street project, then the park improvements could be funded through a 429 process. The concern would be with a re-development, costs are assessed at 35% rather than 100%. PRAC's Purpose Council was provided with the Commission's Mission Statement, Vision Statement, and 2006 Work Plan. Mayor Soderberg appreciated the work by the Commission and has seen great strides in improvement. MOTION by Fogarty, second by Pritzlaffto adjourn at 6:35 p.m. APIF, MOTION CARRIED. Respectfully submitted, {i ~~ /r7~~ ,.--;T (,/ Cynthia Muller Executive Assistant COUNCIL/NEWLAND COMMUNITIES WORKSHOP MINUTES February 28, 2006 Mayor Soderberg called the meeting to order at 5:30 p.m. Present: Council - Soderberg, McKnight, Pritzlaff, Wilson Newland - Chris Enger, Krista Fleming, Peter Coyle, Diane Gaynor Also Present: Jonas Seed, Robin Roland, Kevin Carroll, Dan Siebenaler, Randy Distad, Lee Mann, Brenda Wendlandt, Lisa Shadick, Cynthia Muller The first step in the process is to find out what the City wants and start building a partnership. Ms. Fleming gave a history ofthe Seed property and Newland Communities. Newland starts with a master plan that looks at the land, area, community, and the market. Newland's communities are designed so a person can live in that same community throughout their entire life. They look at the land and what it can hold. This dictates what can be there. They emphasize a connected community in design and technology. Newland requires technology through their builders so their communities have a neighborhood internet. There is an information center in each community that is not tied to anyone builder. Through the design and building process Newland makes sure the builders meet their criteria. They use local and national builders. Their communities have amenities which are maintained through a homeowner's association. There are also architectural controls. Newland has a marketing strategy that contains a model village. This ensures what is said about the community is accurate. Ms. Gaynor presented the four guiding principles: 1. New development must pay its own way and more and not be a burden to existing taxpayers. 2. Provide home ownership opportunities and benefits for existing and future residents. 3. Preserve key habitats, conserve natural resources and protect local character of the community. 4. Form partnerships that honor and help bridge Farmington's past with its future. Mayor Soderberg noted these principles are in line with the City's principles as far as trying to bridge the downtown with development to the north. Ms. Fleming asked for Council's objectives for this development. Councilmember McKnight wanted it to be a unique and cool place to live, but it has to be a part of the Farmington community. Mr. Coyle addressed transportation. This site has unique and interesting challenges. The transportation infrastructure challenges are enormous. 195th Street is moving forward and plans and specifications are being ordered. Solving the east-west corridor issue is very important to this project. The AUAR is underway. Mayor Soderberg asked about the progress with the TH3 and 195th Street intersection. Mr. Coyle replied they are trying to make progress, however TH3 is not a priority for MNDot. Newland needs to help them see it is a priority and to allow intersection improvements to be made. Newland will work with MNDot to fix the elevation to Council/N ewland Workshop Minutes February 28, 2006 Page 2 set the grade for 195th Street. Mr. Coyle stated he is watching for roadblocks which could be TH3. They will be meeting with MNDot and county staff. Newland hopes to do initial grading on 195th Street this fall, but needs to settle the issue with TH3 first. Newland will consult with staff first and coordinate meetings with MNDot and county staff. Mr. Coyle suggested enlisting a legislative delegation to meet with the county and approach MNDot on a senior level. Councilmember Pritzlaff suggested using the commercial development along TH3 as leverage for increased traffic. Newland will continue to remind MNDot of the importance ofTH3 at every chance. Police Chief Siebenaler suggested looking at this as a Farmington/Empire/ Newland/county/Met Council issue. This has regional significance. Mr. Coyle felt they needed to do this within the next couple months. Acting City Administrator Roland noted staff is meeting with Dakota county and MNDot next week at a starter level. Staff feels they need to build a cooperative spirit and work their way up. At some point they could pull in legislators, but felt it was important to build a base first to stand higher later. Mr. Coyle then talked about land use. North Creek runs through the property and they want to build on it and make it better. North Creek is an important part ofthe park system. Newland would like feedback from staff on North Creek. Newland anticipates part of this site could be for an elementary school. The proximity to North Creek creates an educational opportunity. The land use plan calls for some commercial in this area. This could be an important piece as it could be a place in the middle ofthe development for people to gather. The plans also include a large park which could be the Community Center. Mr. Coyle asked if Diamond Path becomes a reality with the Community Center. Staff noted the county wants it planned as MNDot could see this as taking traffic from TH3. The cost is not planned on up front. This area would be utilized as open space until the City is able to build a Community Center. The right-of-way for Diamond Path will have to be designated and the area set aside. Ms. Fleming noted Newland could develop the property and never use Diamond Path. Ms. Fleming asked for Council's thoughts on what they would like to see for residential housing. Councilmember Wilson would like life cycle housing - townhomes to smaller acre parcels to larger acre parcels. Councilmember McKnight would like something similar to Parkview Ponds and Mystic Meadows but expand them on both ends. Mayor Soderberg noted there is a certain segment of people that would like to see luxury homes. Councilmember Pritzlaff felt Newland has to do what they need to for lot sizes. He sees a broad range of housing types. Police Chief Siebenaler felt the community could use more of a condominium market and keep it on an upscale market. Also an assisted living aspect is needed. Ms. Fleming stated Newland will be looking at a balance for lot sizes. They want to bridge the styles of the downtown homes with the Newland development. Over the last 18 months, Newland has been collecting information and conducting envisioning sessions. There are four pillars that are differentiating factors: 1. Village - with an emphasis towards small town uniqueness. 2. Architecture - an emphasis towards small town, quality choice, classic and historical. 3. Intellectual Enrichment - emphasis towards personal growth and development. 4. Wellness - emphasis towards recreation, trails, parks and open space. Newland has met with City staff and toured Stone Mill Farms. They will share information with the Planning Commission, Parks and Rec Commission, residents, the school district, the chamber, and clubs and organizations. CouncillNewland Workshop Minutes February 28, 2006 Page 3 Ms. Gaynor shared comments received from the focus groups. People wanted a quieter neighborhood, they liked open spaces, but understood land owner rights, and wanted a certain architectural style. They would like to see a family restaurant, a grocery store, gas station, dry cleaners, and a bank. People wanted the area to be approachable and to connect all areas of Farmington. They wanted to carry the historic character throughout Farmington. Residents have a very high level of trust in local government. They trust local government to make good decisions, but to keep them informed - no surprises. Ms. Gaynor is the contact for meetings with clubs, etc. These should be held within the next month. Newland will also be launching a comprehensive website within the next month. They plan on having a grand opening for the development in the fall of2008. MOTION by McKnight, second by Pritzlaffto adjourn at 7:30 p.m. APIF, MOTION CARRIED. Respectfully submitted, -;7 Jf-~:'" )Y?at:7&u Cynthia Muller Executive Assistant 7b City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and Interim City Administrator .l$: Randy Distad, Parks and Recreation Director FROM: SUBJECT: Capital Outlay for Picnic Shelters at Silver Spring Park and Vermillion Grove Park DATE: March 6, 2006 INTRODUCTION Silver Spring and Vermillion Grove Parks were identified in the 5 year Capital Improvement Plan to have picnic shelters constructed in 2006. DISCUSSION The park master plans for Vermillion Grove and Silver Springs parks showed shelters being constructed in both parks. The construction of these shelters was deferred until 2006. Other improvements identified in the park master plans for both parks were completed in 2005. Quotes were solicited for picnic shelters in Vermillion Grove and Silver Springs Parks. Flanagan Sales, Inc. from St. Paul, Minnesota, submitted the low quote for a single pole shelter that is 20 feet in diameter. The quote includes installation, sales tax and delivery. Since both park sites have some issues with having limited space for a shelter, the single pole designed shelter seemed to fit best on both park sites. A picture has been included with this memo that shows what the single pole shelter looks like. The picnic shelter purchases were reviewed by the Park and Recreation Advisory Commission (PRAC) at its February 15,2006 meeting and there was unanimous agreement to move forward with the purchase and installation of the single pole shelter. BUDGET IMP ACT The cost of each shelter is $23,393 and includes all materials, installation, tax and shipping. The estimated budget amount for each shelter was $25,000. The quote received is approximately $1,600 less than the estimated budget. Payment for both shelters will be made from the Park Improvement Fund budget. ACTION REQUESTED No action is requested. This is for informational purposes only. ~. tfully submitt..ed, ;/7 /--- j)I;;t'! / I ~ , - I tL-1. J", _ andy Distad, Parks and Recreation Director .~ , .. '; City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 . (651) 463-2359 www.ci.farmington.mn.us )~ TO: Mayor, Councilmembers, and Interim City Administrator ~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Flag Donation to the Rambling River Center DATE: March 6, 2006 INTRODUCTION Councilmember Steve Wilson has donated a new American flag (flag) to the Rambling River Center. DISCUSSION Councilmember Wilson contacted Park and Recreation Department staff and expressed an interest in donating a new flag to the Rambling River Center. Dwight Bjerke, Facilities Maintenance Supervisor, has since purchased and hung a new flag at the Rambling River Center. Councilmember Wilson has provided payment to the City in the amount of$48.50 to cover the cost of the flag. ACTION REQUESTED Approve the attached resolution accepting the donation from Councilmember Wilson for the purchase of a new flag at the Rambling River Center. u.....~.~.P.. . ctfu... llYllS b~itted, ./1 // ~~ e......~'1 ..~--V Randy Distad Parks and Recreation Director RESOLUTION No. ACCEPT DONATION OF A NEW AMERICAN FLAG TO THE RAMBLING RIVER CENTER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of March, 2006 at 7:00 p.m. Members Present: Members Absent: seconded the following: Member introduced and Member WHEREAS, Councilmember Steve Wilson has donated a new flag at the Rambling River Center; and, WHEREAS, it is required by State Statutes and in the best interest of the City to accept such donation. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of a new American flag to the Rambling River Center at a value of $48.50 from Councilmember Steve Wilson. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of March, 2006. Mayor Attested to the _ day of March 2006. Interim City Administrator SEAL 7d City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lr\\~v,. TO: Mayor, Councilmembers and Interim City Administrator \)\ FROM: Randy Distad, Parks and Recreation Director SUBJECT: School and Conference DATE: March 6, 2006 INTRODUCTION The National Recreation and Parks Association's (NRPA) offers an annual National Playground Safety Institute (NPSI) course. DISCUSSION Annually the NRP A offers in Minnesota a course on playground safety. The course this year will be held at the Clifton E. French Regional Park in Plymouth, Minnesota from March 24-26. Course content includes identifying playground equipment hazards, standards and guidelines associated with the Americans with Disabilities Act (ADA), safety surfacing, risk management and design safety. Playground information is presented the first two days of the course and an exam is administered on the third day. Continental breakfasts, lunches and snacks on the first two days and a continental breakfast on the third day are included in the registration fee. A request is being made to send Tim Larson, a Parks Maintenance staff member, to this course so that he may become trained and certified in playground equipment safety. Mr. Larson will share with other Parks Maintenance staffthe information that he acquires from this playground safety course. The goal of having Mr. Larson attend the course is so that the City has a certified playground safety inspector that is able to thoroughly understand and inspect playground equipment for hazards and compliance with federal and state standards and guidelines. BUDGET IMPACT The NRPA's NPSI registration fee is $370.00. Additionally, there is a fee of$100.00 for Mr. Larson to take an exam in order for him to become a Certified Playground Safety Inspector. Funding was identified and approved in the 2006 Parks Maintenance budget for this course. ACTION REQUESTED By motion, approve this request. ~e dully Su~~i~ /"/ ~ ~~ andy Distad, Parks and Recreation Director 7e. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor and Councilmembers .(\.) Acting City Administrator '0G Daniel M. Siebenaler, Police Chief TO: SUBJECT: School and Conference Request DATE: March 6, 2006 INTRODUCTION Police Department Administration is requesting authorization to send a number of staff members to a variety of classes. All of the costs are available in the 2006 budget. DISCUSSION The Patrol Division is requesting authorization to send two Patrol Officers to Spanish for Patrol. With the increased Hispanic population residing in and traveling through the city this course offers the officer situational communication skills necessary to do their jobs. The cost of the class is $250 per officer. Police Administration is requesting authorization to send two Sergeants to a week long Law Enforcement Planner's course. The topics include Community Policing, Risk Management, Crime Analysis, Project Management and Writing Policy Manuals. Each of these management subjects has application in each of the Divisions of the Police Department. The cost of the class is $500 per attendee and is included in the respective budgets of the Patrol and Investigative Divisions. BUDGET IMPACT The funding for each of these classes is available in the training budgets of the respective divisions. ACTION REQUESTED Information only. Resp. ec. tful.l.. ~~~Jlb~tted, ~ ~~,~ Daniel M. Siebenaler Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us )-P TO: Mayor, Council Members, Acting City Administrator (~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Customer Service Response Report DATE: March 6,2006 INTRODUCTION The customer service satisfaction program is designed to evaluate and measure the level of customer satisfaction during service-related interactions. Citizen service requests are documented in terms of complaint type, referring department, priority and service outcomes. Survey responses are typically anonymous to ensure that citizens with negative experiences are just as likely to respond as those with positive service experiences. It is the City's intent to 'use this information as a customer service tool to improve and promote excellence in customer servIce. DISCUSSION The table below reflects summary statistics generated by Customer Action Request forms for the last six months of2005, as well as, a summary for the year. Summary response percentages are generated through the analysis of monthly reports and include response data from all operating City departments. # of # of Surveys Prompt PersonallJ! Courteous Month Service Returned Service Satisfied, & Helpful Requests (actual responses) (actual respons1es) (actual responses) July 79 10 100% 100% 90% Au.gust 94 34 97% 97% 100% September 71 16 87% 93% 100% 3rdQu.~r Summary 244 60 95% 96% 98% October 61 16 93% 93% 93% November 56 14 100% 100% 100% December 78 20 100% 95% 100% 4th Qllarter SulDllW"Y 195 50 98% 96% 98% # of # of Surveys Prompt Personally Courteous Month Service Returned Service Satisfied & Helpful Requests (actual responses) (actual responslts) (actual responses) Semi Annual Summary 439 110 96% 96% 98% 2005 Annual Summary 1001 196 94% 87% 98% The percentages above reflect the number of actual surveys that indicated a response in any given category. Calculations are based on the actual numbers of responses received, which may differ from the number of surveys received. Some respondents did not indicate answers to all survey questions. In terms of how personally satisfied a resident is with a specific service outcome, staff responses are, in most cases, controlled by state statutes, City ordinances, available staff resources and/or service priorities. In some cases, responses are a function of a third party who must respond to a given situation. On average, ninety three percent (93%) of citizen requests for service are handled and addressed within a 1-3 day period for the third quarter, 90% for the fourth quarter and 94% for the year. BUDGET IMPACT None. ACTION REQUESTED Acknowledge the Customer Service Satisfaction report data from July through December 2005 and annual survey results for 2005. Staffwill continue to present customer service satisfaction data to Council as it becomes available. Monthly report data with department breakdowns are available for Council review upon request. Respectfully submitted, ~~ /(. ~_~ctf~ Lisa Shadick Administrative Services Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ciJarmington.mn.us ~ TO: Mayor, Councilrnernbers, and Acting City Administrator ~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Capital Outlay - Paper Shredder DATE: March 6, 2006 INTRODUCTION The 2006 Budget provides for the acquisition of a new paper shredder. DISCUSSION The paper shredder is being purchased in order to properly and securely destroy documents per the record retention policy. The City is responsible for ensuring certain data, such as social security numbers, is properly destroyed and purchasing this type of shredder will help the City meet that responsibility. BUDGET IMPACT Funding for the shredder in the amount of $2,000.00 is provided for in the 2006 Budget. The cost for the equipment being purchased is $1,594.15. ACTION REQUESTED For information only. Respectfully Submitted, /1 / - ././'/~/ / r- '.YL^--~.cc-:,(?:,~-t'4f~ f~.Lj(/. ~... / Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7h TO: Mayor, Councilmembers, and Acting City Administrator t FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation -Police DATE: March 6, 2006 INTRODUCTION The recruitment and selection process for the appointment of a full-time Police Officer, to fill a new position in the Police Department, has been completed. DISCUSSION After a thorough review by the Police Department and the Human Resources Office, an offer of employment has been made to Mr. Thomas Strese. Mr. Strese is currently a community service officer for the City of Rosemount since 2004 and has proven to be a valued employee. Mr. Strese meets or exceeds the minimum qualifications for this position. BUDGET IMPACT This position was authorized in 2005 but left vacant due to budgetary considerations. It is also provided for in the 2006 proposed budget. ACTION REQUESTED Approve the appointment of Mr. Thomas Strese as a Police Officer in the Police Department, effective on or about April!7, 2006. Respectfully Submitted, /1/1 . ;!-r-- if / AI' / L r Io,fL---c.tv-; .....'l-C;,~';{. l~// I Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Robin Roland, Acting City Administrator FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Hiring Recommendation, Police DATE: February 27,2006 INTRODUCTION As you will recall an authorized position in the Police Patrol Division was left vacant in 2005. Staff is prepared to make a recommendation to fill that vacancy at this time. DISCUSSION Staff has completed the recruitment, testing and background investigation process for the position of patrol officer as approved by the Human Resources Division of the City. As 'a result of that process a candidate has been identified. Mr. Thomas Strese is currently a Community Service Officer for the City of Rosemount, MN where he has been employed since May 2004. As an employee of the Rosemount Police Department Mr. Strese has proven to be a valuable employee. Officer Strese will be available to begin his duties in the City of Farmington on April 17, 2006. The conditional offer of employment is being made at this time due to the fact that Mr. Strese is currently a finalist on at least one other police department eligibility list. He has agreed to wait until the April starting date to fulfill his goal to work for the Farmington Police Department. BUDGET IMPACT Officer Strese will be employed as an entry-level member of the Farmington Police Department. Upon successful completion of the Farmington Police Field Training Program and six months employment he would be eligible for wage increases as outlined in the LELS Labor Agreement. He is also subject to a one-year probationary period. The position was calculated in the current budget as a fully funded position full-time officer for 2006. ACTION REQUESTED Staff is recommending that the City Administrator approve the Conditional Offer of Employment to Mr. Thomas Strese and forward an employment recommendation to the City Council for final action. Respectfully submitted, ,/\ _::0' l Kamel M. Siebenaler Chief of Police Cc: Brenda Wendlandt, Human Resources . . . 77 ' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members FROM: Robin Roland, Acting City AdministratorlFinance Director SUBJECT: Schedule Council Workshop DATE: March 6, 2006 INTRODUCTION At the August 15,2005 meeting, Council ordered updates to the comprehensive utilities plans for the City. Those plans were to be completed by March 15,2006. DISCUSSION The comprehensive utility plans have been updated and the results will be available to share with Council at a workshop this month. The system plans have been especially in demand as discussion of development of the City's eastern border area and MUSA allocation recommendations have taken place. It is essential that the system plans be understood as the planning and development process goes forward. A workshop is proposed for Wednesday March 15th to familiarize the Council with the plans and the conclusions that may be drawn from them. The minutes from the Council/Planning commission workshop on November 30, 2005 suggest that the proposed workshop should be attended by Planning Commission members as well. ACTION REQUESTED Schedule Council Workshop on March 15 at 5:00 to discuss the System Plan updates for Water, Sewer and Storm water. Invite Planning Commission members to attend also. Respectfully submitted, /0" . /7 />// ,// ,I 1', . " / /' "". / t I'::/'- ^-..-- p-::/, /;/ 1/ L,' ( /\..- ~(':' d Robin Roland Acting City AdministratorlFinance Director COUNCIL/PLANNING COMMISSION WORKSHOP MINUTES November 30, 2005 1. Call to Order Mayor Soderberg called the meeting to order at 5:00 p.m. Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson Rotty, Barker, Johnson, Larson Absent: Richter Also Present: Robin Roland, Acting City Administrator/Finance Director; Kevin Carroll, Community Development Director, Lee Mann, Public Works Director/City Engineer; Lee Smick, City Planner; Tony Wippler, Assistant City Planner; Cynthia Muller, Executive Assistant Audience: Randy Becker, Bart Winkler, Doug Bonar, Kara Hildreth, Michelle Leonard 2. Approve Agenda MOTION by Pritzlaff, second by McKnight to approve the agenda. APIF, MOTION CARRIED. 3. Discussion of Proposed Concept Review Policy (Southeast Region) The first issue has to do with how and when concept plans are reviewed for certain sections of the City. Staff has divided the southeast region into two zones. Zone A is small parcels and are close to town. Zone B is larger parcels, mostly agricultural. The area to the south has been the subject of discussions with Castle Rock Township regarding an orderly annexation agreement. The area to the east has been discussed with Empire Township. Concept plans for the areas in Zone A could be moved forward without any comprehensive overview and without waiting for the system plans to be completed. The properties in Zone B need more attention as far as Comp Plan amendments and all system plan updates should be completed before any planning is done. The Planning Commission was in support of how to handle concept plans for this area. Some properties in Zone A are part of an Orderly Annexation Agreement. Staff s policy has been to start with a concept plan which was consistent with past history. Recently there was some controversy regarding reviewing a concept plan prior to annexation. The process for Zone A is the way things are handled currently. The Planning Commission wanted to make sure they and the Council were on the same page. Chair Rotty felt the concept plan for the Perkins property was different than the MUSA plan. He felt the proposed process is reasonable. Councilmember McKnight would prefer to have system plans completed and a joint resolution before anything is done for Zone B. A joint resolution with Castle Rock should be done early next year. Staff noted the process for Zone B is also consistent with the current process. If someone comes in with a concept plan staff could do a preliminary review of the concept plan, but the system plans should be updated before any final review. With the system plans it is nice to know how many units are anticipated to determine if the system can handle it. Staff would still like to see concept plans at a stafflevel. Staffhas to base the system plans on an assumption. It needs to be determined what else can be served with the CouncillPlanning Commission Workshop November 30, 2005 Page 2 current system. It is best to determine the land area and the density and can the system handle it. Right now staff is verifying the system can serve a certain area. There is an area in the original water comprehensive plan that will not come in. The sewer and water plans will be done February 1, 2006. Staffneeds to determine if development will occur beyond that area, what is needed. Chair Rotty felt we need to discuss what we want and need. He felt they should decide as a group rather than have the developer come in with what they want. Mayor Soderberg noted there are some parcels within Zone B that are in the City and the land owners have indicated a desire to develop their land and they have been granted MUSA. This needs to be addressed. Staff asked for a consensus as to whether staff can review concept plans for Zone B. City Engineer Mann noted if we look at a small area in Zone B, there would be complete flexibility. If we decide to build in all of Zone B, the options would be more limited. The City's growth will play more of a limiting factor than it did in the past. Chair Rotty agreed limiting is the key factor. Just because we have the capacity we should still build what the City wants and needs rather than letting developers decide. Councilmember McKnight felt we should take the next two months to draw the circles of what we want in that area while the system plans are being finished. He does not want to see concept plans from the developer. Council agreed with this. .~ All agreed to wait for the completion of the system plans for Zone B before reviewing concept plans. Concept plans can be reviewed at a staff level. Council, Planning Commission and staffwill determine together what should be in Zone B. Staff confirmed the Zone A process is approved as is. The Zone B process will be modified by noting concept plans will be reviewed by staff in step one. Step two will be made a pre-requisite rather than a step as steps 1-8 cannot be done until the system plans are updated. Staff can work with the developer on the steps, but not bring anything to the Councilor Planning Commission until the system plans are done. Staff can discuss the concept plan, annexation, or MUSA, but no formal action will be taken until the system plans are done. Step six which is the Comp Plan designation and zoning classification will be decided as a group.~j!Lfinishth.e~yst~m~pli3.l1sand tl:!~n everyone will meet again as agroup. Staffwill modify the process and bring it to the December 19, 2005 Council meeting. 4. Discussion of Proposed Criteria Regarding Multi-Family and Medium-to-High Density Housing Staff developed criteria for multi-family and medium-to-high density housing to make the Planning Commission's analysis and the Council's analysis more fair with respect to concept plans. This will enable staffto act in a consistent way with Council's goals. These criteria will be used for the 2030 Comprehensive Plan. A discussion followed on the Met Council's requirements for affordable housing. All members agreed with the criteria for multi-family and medium-to-high density housing. Staffwill bring this to the December 19,2005 Council meeting. 5. Discussion of "Savanna Pointe at Dean Lakes" Development in Shakopee The developer ofthe Perkins property gave the above development as an example of a development that has detached townhomes on 36 ft. lots. The revised Perkins concept plan has 36 ft. and 46 ft. lots. Commissioner Johnson toured the development and noted there is only 12 ft. between the houses. They had a pool and a park just off the property which was not on the Perkins concept plan. He felt this was a nice amenity. The City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us )' ~ TO: Mayor, Council Members FROM: Robin Roland, Acting City AdministratorlFinance Director SUBJECT: Approve Educational Track DATE: March 6, 2006 INTRODUCTION In order to qualify for reimbursement of tuition expenses in a degree program, according to the City Tuition Reimbursement policy, the class (or classes) must be approved in writing by the supervisor/department director of the employee prior to enrollment. A copy of this policy is attached with this memo. DISCUSSION I am currently in the application process to enroll in the Masters of Public and Non Profit Administration program at Metropolitan State University. This Masters program is a 40 credit curriculum as outlined on the attached sheet. This degree program is directly related to my current position at the City and I believe it qualifies for future tuition reimbursement. However, in my current assignment, I do not have a supervisor or department director to approve my program prior to enrollment, other than the City Council. Consequently, this is my request for approval of this educational track, consistent with the City policy. ACTION REQUESTED Approve submitted educational track for the Masters of Public and Non Profit Administration at Metropolitan State University. Respectfully submitted, "I //A I ' ,,/./ /f11<' ;f~-, 'Robin Roland Acting City AdministratorlFinance Director ADMINISTRATIVE POLICY - 4.1 TUITION REIMBURSEMENT/EDUCATIONAL ASSISTANCE The City of Farmington encourages its regular full-time employees to enroll in job related educational programs and may provide support through tuition reimbursement. The City will reimburse a regular full-time employee for the cost of tuition (subject to budgetary considerations) upon satisfactory completion of the course. The amount of the reimbursement is dependent on the grade received by the employee. Reimbursement will be as follows: Grade Received Reimbursement A B C 100% 85% 50% There is no reimbursement for any grade below a "C". Tuition reimbursement does not include reimbursement for textbooks or study materials. Requirements In order to qualify for reimbursement, the following conditions must be met: 1) The class must be job related. 2) The class must be taken from accredited institutions of higher learning or vocational- technical schools. 3) The class must be approved in writing by the supervisor and department director prior to enrollment. 4) The employee must receive a passing grade (C or equivalent) in order to receive reimbursement. 5) After the class has been completed, the employee must supply a photocopy of the grade sheet and the original receipt for tuition. Degree Programs If the employee has declared they are pursuing a job related degree, the City may provide financial support for any course required in the program. Should the employee fail to obtain the degree, all non job-related courses shall be reimbursed to the City. If an individual terminates employment with the City within six months of receiving tuition reimbursement, the employee must pay back the amount ofthe reimbursement for all courses. Procedures 1) Receive written approval from the Department Director. 2) Take and pass the class. 3) Submit all approved paper work to Human Resources for processing. Effective 11100 Where lift and learning meet.'" Metropolitan State University COLLEGE of MANAGEMENT The curriculum The M.P.N.A. consists of 0 semester credits There are no prerequisite courses for the M.P.N.A. The foundation courses in the M.P.N.A. focus on the functional disciplines of government and nonprofit organizations and provide a solid grounding in the core theories, processes and skills needed by managers in today's rapidly changing environment. Foundation courses include (14 credits): Mgmt 600 Practical Research Methods for Managers (2 credits) (Required first class,) Mgmt 6?0 Organizational Behavior PAdm 689 Strategic Management of Information in Public and Nonprofit Organizations Mktg 600 Marketing Management M.P.N.A students may elect to take the public administration, nonprofit management, or law enforcement track: Public administration (22 credits): PAdm 600 PAdm 650 PAdm 672 ECON 635 Public Administration Foundations Policy Anal}/sis and Planning Public Finance Economics of Social Issues Elective courses from any M.P.N.A. graduate level courses (6 credits) Nonprofit management (22 credits): Nonprofit Management Foundations Financial Decision Making in Nonprofit Organizations NPM 672 Nonprofits and Social Change ECON 635 Economics of Social Issues Elective courses from any M.P.N.A. graduate level courses (6 credits) NPM 600 NPM 671 Law enforcement (22 credits): LawE 600 Police Supervision I: Managing Public Organizations LawE 610 Police Supervision II: Managing Human Resources LawE 620 Public Policy Analysis: Law Enforcement LawE 645 Police Leadership:.Sontemporary Issues Elective courses from any M.P.N,A. graduate level courses (6 credits) The capstone course for the M.P.N.A. program, PAdm 695 Seminar in Community-Oriented Management (4 credits), brings together learning and experience throughout the program and provides an integrated perspective at the community level. Admission requirements Applicants for admission must meet the following requirements: . B.A.IE.S. from an accredited u.s. institution or its equivalent based on formal evaluation of foreign transcript. A professional resume. Two years of full-time professional work experience preferred. · Two references. · Written personal statement describing background and interest in the program. · Graduate application with a $20 nonrefundable application fee. · Diagnostic skills assessment. . International students should refer to the Web site for additional requirements. An assessment of reading, writing and math by the university assessment center is required of all students applying to the M.P.N.A. program. Additional referral activities may be required as a result of the assessments. MINNEAPOLIS CAMPUS rior HESi\:EPF\ AVEi'\UE :v!INNEAPOLlS, MINNESOTA 55403'1897 FOR MORE INFORMATION TEL: 612.659,7290 com grad i nfo@metrostate,edu This information is available in alternative formats to individuals with disabilities by calling: TTY: 651.772,7687 WEB SITE www.rnetrostate.edu A MEMBER OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES SYSTEM A:" EQC'.'\L OrpOF(!TNl'n' E[WC\TOR I:\"[OIV.LHI()~-: IS Sl'BfECT TO CJ-L".:;C;E \'CITHOFT :--:OTTCE PRl>';TED 0:-< RECYCLED PAPER ,\(;::TROPOUTA?': STATEL:XI\'EI~SjTY lOO~ 612005Sfv'1 7/(' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Council Members, Acting City Administrator,~J William Weierke, Public Works Supervisor FROM: SUBJECT: Capital Outlay - Public Works DATE: March 6, 2006 INTRODUCTION The 2006 budget includes funding for the purchase of a new 2006 plow truck. DISCUSSION This vehicle will be replacing the 1994 chevy plow truck on its currently assigned plow route. We will be keeping the 1994 plow truck for a back-up for snow plowing and other miscellaneous duties. BUDGET IMPACT This vehicle is on the State Contract and is authorized in the 2006 budget. The budgeted amount is $133,125.00. The plow truck cost from the State Contract is $114,395.71. ACTION REQUESTED For Council's information. Respectfully Submitted, 1.0~. L0~ William Weierke Public works supervisor cc: file 7L City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Acting City Administrator ~./ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Vermillion River Watershed Joint Powers Organization & Farmington Joint Regional Flood Control Basin Study DATE: March 06, 2006 INTRODUCTION The Pilot Knob Road/Middle Creek Flood Control Project (Pond F-P6.4) is a project in the City's 2006-20 I 0 CIP for the year 2007. This proposed ponding basin provides a regional benefit to the Vermillion River Watershed. As such, the Vermillion River Watershed Joint Powers Organization (VRWJPO) has agreed to participate in the costs ofa feasibility study for Pond F-P6.4. DISCUSSION This project has been identified in both the Farmington Surface Water Management Plan and the VRWJPO plan as providing significant benefit for downstream communities. The 2005 VRWJPO budget includes $15,000 for a feasibility study that will be evaluating the benefits, costs and impacts to implementing this regional flood control project. Farmington has coordinated the technical assessment needs with Lakeville. The VRWJPO staff will coordinate the follow-up to evaluate anticipated issues, concerns, alternatives and capital cost estimates. BUDGET IMPACT The VRWJPO has agreed to provide the budgeted $15,000 for the feasibility report. If further costs are identified during the process, staff will bring the issue back to Council for authorization to fund additional costs through the Storm Water Fund. ACTION REQUESTED Approve by motion the attached contract between the City of Farmington and the VRWJPO regarding the feasibility study funding for Pond F-P6.4. Respectfully Submitted, ~ >vt.~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file CONTRACT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS BOARD AND THE CITY OF FARMINGTON, MINNESOTA This Contract is made and entered into and between the Vermillion River Watershed Joint Powers Board, a watershed management body consisting of Dakota and Scott Counties (JPB) and the City of Farmington, Minnesota, a governmental and political subdivision of the State of Minnesota. (Farmington). WHEREAS, Farmington is conducting a feasibility study for the implementation of a regional flood control basin in Farmington (Project); and WHEREAS, Farmington has contracted with the engineering firm of Bonestroo, Rosene, Anderlik & Associates (Bonestroo) to conduct the feasibility study; and WHEREAS, the proposed Project has been identified by the JPB and in Farmington's Surface Water Plan as providing significant benefit for downstream communities; and WHEREAS, Farmington is seeking contribution from the JPB to pay for the feasibility study; and WHEREAS, the JPB has authority to enter into contracts and to expend funds as necessary to fulfill its purposes and perform the duties enumerated in its enabling joint powers agreement. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follows: 1. TERM. This Contract shall be in effect from the date of execution by all parties through December 31,2006, unless earlier terminated by law or according to the provisions herein. 2. PAYMENT. 2.1 JPB hereby approves payment in a sum not to exceed Fifteen Thousand and No/100 Dollars ($15,000.00) for the engineering costs incurred by Farmington in conducting a feasibility study for the implementation of a regional flood control basin in Farmington. 2.2 For work performed by Bonestroo in relation to the feasibility study, Farmington shall submit itemized invoices for payment. The JPB shall make payment on the invoice within sixty (60) days of the date on which an itemized invoice is received. If the invoice is incorrect, defective, or otherwise improper, the JPB will notify Farmington within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from Farmington, the JPB will make payment within thirty-five (35) days. 2.3 The JPB may refuse to pay any claim that is not specifically authorized by this Contract. Payment of a claim shall not preclude the JPB from questioning the propriety of the claim. The JPB reserves the right to offset any overpayment or disallowance of claim by reducing future payments. 3. OBLIGATIONS OF FARMINGTON. 3.1 Farmington agrees to share with and provide to the JPB complete and unedited copies of the final feasibility study report, including, but not limited to, any attachments. 3.2 Farmington shall not assign any interest in this Contract without prior written consent of all parties and subject to such conditions and provisions as are deemed necessary. 4. HOLD HARMLESS. Farmington will remain solely responsible to Bonestroo for completion of the contract between Farmington and Bonestroo and will hold the JPB harmless from any costs or liability to Bonestroo arising from said contract. 5. AUTHORIZED REPRESENTATIVE. The following named persons are designated the authorized representatives of the parties for purposes of this Contract. These persons have authority to bind the party they represent and to consent to modifications, except that, as to the JPB, the authorized representative shall have only the authority specifically or generally granted by the JPB. Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Farmington: To the JPB: Kevan Soderberg Mayor 325 Oak St. Farmington, MN 55024 Telephone: (651) 463-7111 6. LIAISON. Joseph A. Harris Chair 14955 Galaxie Ave. Apple Valley, MN 55124 Telephone: (952) 891-7030 To assist the parties in the day-to-day performance of this contract and ensure compliance and providing ongoing consultation, a liaison shall be designated by each party. The parties shall keep each other informed, in writing, of any change in the designated liaison. At the time of execution of this contract, the following persons are the designated liaisons: Farmington Liaison: Phone Number: Lee Mann (651) 463-1601 JPB Liaison: Phone Number: John Jaschke (952) 891-7011 7. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this contract shall be valid when they have been reduced to writing and signed by the authorized representatives of Farmington and the JPB. 8. TERMINATION. 8.1 In General. Either party may terminate this Contract for cause by giving seven days' written notice or without cause by giving thirty (30) days' written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Contract. Cause shall mean a material breach of this Contract and any supplemental agreements or amendments thereto. This Contract may also be terminated by the JPB in the event of a default by Farmington. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Contract shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination. 8.2 Termination bv JPB - Lack of FundinQ. Notwithstanding any provision of this Contract to the contrary, the JPB may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Contract. 2 Written notice of termination sent by the JPB to Farmington by facsimile is sufficient notice under this section. The JPB is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The JPB will not be assessed any penalty or damages if the Contract is terminated due to lack of funding. 9. MINNESOTA LAW TO GOVERN. This Contract shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the County of Dakota, State of Minnesota. 10. MERGER. This contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 11. SEVERABILITY. The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts that are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this contract on the dates indicated below. Approved as to form: VERMILLION RIVER WATERSHED JOINT POWERS BOARD By: Assistant Dakota County Attorney/Date Joseph A. Harris Chair of the Board CITY OF FARMINGTON By: Kevan Soderberg Mayor of the City of Farmington STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) This instrument was acknowledged before me on , 2006, by , for the City of Farmington, Minnesota, who, being duly sworn, represents and warrants that he/she is authorized by law and all necessary board action to execute this Contract on behalf of the City of Farmington, Minnesota, intending this Contract to be a legally binding obligation of the same. Notary Public 3 J[~ Bonestroo .-.:_ Rosene ~ Anderlil< & 1 \J' Associates Engineers & Architects 1335 \Vest HICJll\\'clY 36' St i)clul. MN ',',113 Office 651'636'4600' Fax 6S)-636-HII wwwtlonestroo.com October 3. 2005 Mr. John Jaschke Dakota County Office of Planning 14955 Galaxie Avenue Apple Valley, Mn 55124 RE: VRW.lPO & Farmington .Ioint Regional Flood Control Study on Middle Creek Watershed at Pilot Knob Road. Dear Mr. Jaschke. Farmington and the VRW.lPO will be evaluating the benefits, cost and impacts to implementing a regional flood control project in Farmington. The project has been identified in both the Farmington's Surface Water Plan (SWMP) and the VRWJPO as providing significant bencHt for downstrcam communities. This Ictter describes the cost estimate to pertorm Farmington's portion of the Study. Farmington will perform two tasks. These tasks are as follows: I. Farmington will model 2, 5, 10, 25. 50. 100 year frequency storm events to detcrmine water surfacc clcvation, velocity, and duration for both existing and ultimate dcvclopment conditions immediately upstream of Pilot Knob Road at Middlc Creek. 2. Farmington will draft a benefits/costs assessment. This assessment will provide the following information 10 lhe VRWJPO: a. Dcscription of lhe change in inundation depth, duration and extent for storm events modeled under task # I b. Cost for plugging two of the existing 4 box culverts c. Qualitativc summary of downstream benefits using previously compiled information by the VRWJPO d. Review of wctland plant communities within thc I DO-year floodplain upstream of Pilot Knob Road and their sensitivily to inundation and bounce using previous wetland delincation reports and Fannington's SWMP. In developing a budget for completion of the tasks, it has been assumed two meetings will be necessary to present the results of the storm events analysis and costlbenefit analysis. Costs will also be incurred by thc City of Lakeville in order to supply Farmington with the runoff hydrographs at the shared corporate boundmy (see attached memo from Barr Engineering). St. Paul. St. Cloud. Rochester. MN · Milwaukee. WI · Chicago. IL Affirmative Action/Equal Opportunity Employer and Employee Owned October 3. 2005 Page -' The estimated cost for Farmington to perform the two tasks is S 1 2.300. on a time and expense basis. Accounting for Lakeville's cost. the total estimated project cost between the two cities is $13.800. Should circumstances cause a potential increase to the project scope. you will be contacted in writing with an estimated cost tor the additional work. Additional work will commence only as authorized by you on behalfofthe VRWJPO. Please contact me at 651-604-4756 with any questions. Sincerely. ~ ~./~k Erik G. Peters. P.E. Cc: Lee M. Mann - City of Farmington. Keith Nelson - City of Lakeville Barr Engineering Company 4700 West 77th Street . Minneapolis, MN 55435-4803 Phone: 952-832-2600 . Fax: 952-832-2601 . wWW.barr.com An EEO Employer BARR Minneapolis, MN . Hibbing, MN . Duluth, MN . Ann Arbor, MI . Jefferson City, MO September 22, 2005 MI Keith Nelson 20195 Holyoke Avenue Lakeville, MN 55044-9047 RE: Outflow Hydrographs from the Farmingtoll Outlet Dish'ict Dear MI. Nelson: This leller describes Ihe costs to compile outflow hydlOglaphs for 9 locations in the Fallllington Outlet District at the bOlde. with the City of Farmington. The hydrogr aphs fO! the SCS 24-holll Type II stOl In event ale required for the 2-, 5-, 10-,25-,50-, and 100-year frequency events Outflow hydrographs are required for existing and proposed conditions We will verify with you that we are using the most cutrenl data from previolls projects. The models will not be updated 01 modified to reflect any recent changes. These outflows hydrographs can be compiled and submitted for $1.500. The analyses will be completed on a time and expense basis, not to exceed the total cost. Please contact me at 952-832-2806 with any questions. Sincerely, -y~~~~~~ Nancy Johnson Dent, r.E. Vice President Cost Estimate Outflow Hydrographs lrom the Farmington Outlet District Task Hours Cost Locate Most Recent Files 2 $270 Revise StOlm Events and Run Models f0l9 Locations 10 $960 under both Exislin~ and PIOPosed Conditions Compile HydlOglaphs and Send 2 $270 TOTAL ESTIMATED COSTS $1.500 7/Y) City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us " TO: Mayor, Councilmembers, and Acting City Adrninistrato/tr FROM: Kevin Carroll, Community Development Director SUBJECT: School and Conference DATE: March 6, 2006 INTRODUCTION The American Planning Association [APA] annually sponsors a "National Planning Conference." This year's Conference will be held in San Antonio, Texas between Saturday, April 22 and Wednesday, April 26. DISCUSSION National conferences provide a much wider range of educational opportunities than are typically available at a local or regional conference. At this year's conference, for example, participants can choose from hundreds of educational sessions, and more than 50 "mobile workshops" that take conference participants to nearby sites that demonstrate various aspects of effective land use planning, suburban development, commercial and retail growth, etc. The Community Development Director did not attend last year's conference. BUDGET IMPACT The 2006 budget provides adequate funding for this request. The registration fee for the conference is $725. Although reservations have not yet been made, airfare, lodging and meals are projected to be in the $500-$600 range. ACTION REQUESTED Approve Community Development Director's request to attend the APA's National Planning Conference. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /r; TO: Mayor, Council Members and Acting City Administrator ~ Kevin Carroll, Community Development Director FROM: SUBJECT: Finalization of MUSA for Peterson, Adelmann and Murphy/Giles Properties LLC/Mystic Meadows Phase II DATE: March 6, 2006 INTRODUCTION The MUSA Phasing Plan that the City Council adopted on November 15,2004 envisioned that certain properties owned by Don Peterson, Bill and Audrey Adelmann, and Murphy/Giles Properties LLC/Mystic Meadows Phase II would be included within the City's portion of the Metropolitan Council's Metropolitan Urban Service Area [MUSA] in 2006. DISCUSSION Land cannot be developed within the City of Farmington unless it lies within the Metropolitan Urban Service Area [MUSA]. Municipal sewer services cannot be extended to any area that is outside of the MUSA. Subject to subsequent approval by the Metropolitan Council, the Farmington City Council decides which parcels of land in Farmington will or will not be included within Farmington's portion of the Met Council's Metropolitan Urban Service Area. To assist the City Council in making such decisions, initial research and screening has (in Farmington) traditionally been conducted by a Council-appointed MUSA Review Committee. The MUSA Review Committee conducted a series of meetings during 2003 and 2004, and ultimately made recommendations to the City Council that resulted in the City Council's adoption of a MUSA Phasing Plan (attached) on November 15, 2004. Among other things, the MUSA Phasing Plan envisioned that the following properties would be added to the City's portion of the Metropolitan Council's Metropolitan Urban Service Area [MUSA] in 2006: Property B (Peterson), Property C (Adelmann) and Property Q2 (Murphy/Giles Properties LLC/Mystic Meadows Phase II) on the attached MUSA Phasing Map. The owners of all of the properties in question, or developers acting on their behalf, have had ongoing interactions with City staff regarding the impending development of the properties. The development of the Peterson and Adelmann properties will have a beneficial impact on the newly-developing commercial area(s) located to the immediate north (Vermillion River Crossings and the future development that will occur nearby). The development of the Murphy/Giles property (Mystic Meadows Phase II) will complete the missing portion of Diamond Path road between Mystic Meadows Phase I and Akin Road. Approval of the attached Resolution will enable City staff to immediately seek and obtain the Met Council's approval of MUS A for the properties in question, so that the Met Council step in the approval process does not unnecessarily delay the desired development( s). ACTION REQUESTED Motion to approve the attached Resolution approving the addition of property owned by Don Peterson (Property B), Bill and Audrey Adelmann (Property C) and Murphy/Giles/Mystic Meadows Phase II (Property Q2) to Farmington's portion of the Met Council's Metropolitan Urban Service Area [MUSA]. evin Carroll ommunity Development Director cc: Don Peterson Bill & Audrey Adelmann Bernard Murphy Giles Properties LLC 2 RESOLUTION NO. R - 06 APPROVING THE ADDITION OF PROPERTY OWNED BY DON PETERSON (PROPERTY B), BILL AND AUDREY ADELMANN (PROPERTY C) AND MURPHY/GILES PROPERTIES LLC (PROPERTY Q2) TO FARMINGTON'S METROPOLITAN URBAN SERVICE AREA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of March, 2006 at 7:00 p.m. Members present: Members absent: seconded the following: Member introduced and Member WHEREAS, the City of Farmington's MUSA Review Committee [hereinafter "the Committee"] met periodically during 2003 and 2004, and ultimately made recommendations to the City Council regarding which undeveloped parcels within the City should be added to the City's portion of the Metropolitan Council's Metropolitan Urban Service Area [MUSA], and WHEREAS, at a meeting that was held on November 15, 2004, the City Council adopted a MUSA Phasing Plan (copy attached) that was based upon the recommendations of the Committee; and WHEREAS, the aforementioned MUSA Phasing Plan envisioned that the following properties would be added to the City's portion of the Metropolitan Council's Metropolitan Urban Service Area [MUS A] in 2006: Property B (Peterson), Property C (Adelmann) and Property Q2 (Murphy/Giles Properties LLClMystic Meadows Phase II) on the attached MUSA Phasing Map; and WHEREAS, the owners of the aforementioned properties, or parties acting on their behalf, have demonstrated an interest in initiating the development of the properties in question, and/or have submitted preliminary concept plans that have, in general, been favorably reviewed by City staff, and NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the immediate implementation of the portiones) of the previously-adopted MUSA Phasing Plan regarding the inclusion of Property B (comprising approximately 63 developable acres), Property C (comprising approximately 34 developable acres), and Property Q2 (comprising approximately 155 developable acres) within Farmington's Metropolitan Urban Service Area [MUSA], subject to approval by the Metropolitan Council. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of March, 2006. Attested to the SEAL Mayor day of March, 2006. Acting City Administrator o MUSA Allocation Adopted on November 15, 2004 o E::I Existing MUSA 1:1 MUSA Approved In 2004 .. MUSA Approved Contingent upon Annexation ~ MUSA Allocated In 2006 ~ MUSA Allocated In 2009 ~ MUSA Allocated In 2012 .... MUSA Allocated upon Removal from Ag Preserve - .... School Use Only ~ MUSA Allocated upon Plat Approval ~ Not Recommended for MUSA at this time. E::I MUSA Approved (Orderly Annexation Area) E::I kJ Preserve until 2012 - MUSA not Rec. at this time E::I kJ Preserve until 2013 - MUSA not Rec. at his time ~ kJ Preserve - No current expiration date ~ - - Future 195th Street extension WT E Detailed View of #14 -- Future 208th Street Extension o o 0.5 s 0.5 Mles 70 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, City Council and Acting City AdminiSlratort Kevin Carroll, Community Development Director TO: SUBJECT: Approve Joint Resolution - Boundary Adjustment (Perkins) DATE: March 6, 2006 INTRODUCTION Empire Township has formally approved a revised Joint Resolution with the City of Farmington regarding a boundary adjustment involving a 17.09 acre parcel of property owned by Neil and Linda Perkins. DISCUSSION A number of months ago, Neil and Linda Perkins submitted to the City a Petition for Annexation regarding a 17.09 acre parcel of property located in Empire Township. The proposed annexation was discussed at several meetings of the Empire-Farmington Planning Advisory Committee [EF- PAC]. When it became clear that the Empire representatives on the EF-P AC were not opposed to the proposed annexation, a draft of a Joint Resolution approving the annexation was prepared. The Joint Resolution was considered by the Empire Town Board at its meeting on January 24, 2006. The Township's planning consultant subsequently indicated that the Town Board had approved the annexation "in concept," subject to review/approval by the Township's attorney and with the understanding that the interested parties would jointly seek c1arification(s) regarding certain issues related to Cambodia Avenue, which borders the Perkins property on the east. Those issues included the ownership of the land underlying Cambodia Avenue, and the most suitable location for the city/township boundary in this area. Based upon the Township's action(s) on January 24, the Joint Resolution was considered by the City Council at its meeting on February 6,2006, at which time the Joint Resolution was approved. Further discussions then ensued regarding the Cambodia Avenue issues (no portion of Cambodia Avenue was included in the Joint Resolution referred to above). It was eventually determined that the land underlying the portion of Cambodia Avenue adjacent to the Perkins property was actually owned by Empire Township (that is, the Township did not merely have an easement), and that Empire Township also still owned a portion of Cambodia Avenue located to the south of the Perkins property. This southern portion of Cambodia Avenue had City property located on both sides (the Bristol Square development and a portion of the Prairie Waterway on the west side, and the Devney property and another portion of the Prairie Waterway on the east side). City staff proposed that the area covered by the initial Joint Resolution be expanded to include the portions of Cambodia Avenue referred to above, to help "clean up" the City/Township boundary in this area. Township representatives agreed that there were mutual benefits to this approach, so a revised Joint Resolution was prepared. A copy of it has been attached for your review. Exhibit B depicts the property that is included. The Cambodia Avenue parcel that is marked as "3" on Exhibit B was not part of the initial Joint Resolution, but is part of the revised Joint Resolution. The Empire Town Board approved and signed the Joint Resolution at its meeting on February 28, 2006. Empire Township has also agreed to sign a Quit Claim Deed transferring actual ownership of the "3" parcel to the City. The revised Joint Resolution therefore effectively resolves all of the ownership and jurisdictional issues that were raised and discussed in connection with the proposed annexation of the Perkins property. City staff appreciates the cooperation of Empire Township's elected officials, staff and consultants in working through these issues. The end result seems to be an arrangement that works for all concerned. If the City Council approves the Joint Resolution, it will be submitted to the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings after it has been signed by the Mayor and the Acting City Administrator. ACTION REQUESTED Motion to approve the revised Joint Resolution between the City of Farmington and Empire Township regarding a boundary adjustment involving 17.09 acres of property owned by Neil and Linda Perkins. cc: Neil and Linda Perkins Richard Hocking Kathleen Krippner, Clerk of Empire Township 2 TOWN OF EMPIRE CITY OF FARMINGTON IN THE MATTER OF THE JOINT RESOLUTION OF THE TOWN OF EMPIRE AND THE CITY OF FARMINGTON, DESIGNATING AN UNINCORPORATED AREA AS IN NEED OF ORDERLY ANNEXATION AND CONFERRING JURISDICTION OVER SAID AREA TO THE DEPARTMENT OF ADMINISTRATION, BOUNDARY ADJUSTMENT OFFICE, PURSUANT TO M.S. ~414.0325 JOINT RESOLUTION WHEREAS, Neil and Linda Perkins (the "Perkins") are the sole owners of platted property currently located in Empire Township, and legally described as stated in Attachment A, and; WHEREAS, the Township owns the property east of the Perkins property over which lies Cambodia A venue, which is also legally described in Attachment A, and; WHEREAS, the Perkins property abuts land within the City limits, located east of Trunk Highway 3, north of 213 th Street West, and west of Cambodia Avenue, in the northeasterly area of the City, is approximately 17.09 acres in and currently has one household, a population of two and several structures and other improvements, and; WHEREAS, the Perkins have petitioned the City for annexation of their property for the purpose of receiving city services, including but not limited to sewer, water, refuse collection, police and fire protection from the City of Farmington, and; WHEREAS, the City of Farmington can provide the requested urban services to the property, and; WHEREAS the City and Township also wish to resolve ownership, jurisdictional and maintenance issues regarding Cambodia Avenue. NOW, THEREFORE, the Township of Empire and the City of Farmington jointly agree to the following: 1. The Township and City hereby establish an Orderly Annexation Area ("OAA") as authorized by Minnesota Statute ~414.0325, Subdivision 1, for the property legally described on Exhibit A and as shown on the attached Exhibit B, which includes both the Perkins property (Parcels #1 and #2 on Exhibit B) and a portion of Cambodia Avenue (Parcel #3 on Exhibit B). 2. That the purpose of the annexation of the property involved in this annexation is to transfer jurisdiction over the property in order to provide urban services including but not limited to sewer, water, refuse collection, police and fire protection from the City of Farmington, and to clarify ownership and jurisdictional issues between the City and Township regarding a portion of Cambodia Avenue. 3. That in order to accomplish this purpose, the property owned by the Perkins described herein (Parcels #1 and #2 on Exhibit B), and a portion of Cambodia Avenue (Parcel #3 on Exhibit B), should be immediately annexed to and made part of the City of Farmington. 4. Upon approval by the respective governing bodies of the City and the Township, this joint resolution and agreement shall confer jurisdiction upon the Office of Administrative Hearings-Boundary Adjustments (OAH/BA) (or other state agency responsible for administering Minnesota Statutes Chapter 414) so as to immediately annex the lands described in the attached Exhibit A in accordance with the terms of this j oint resolution and agreement without need for any subsequent resolution( s) of the parties. 5. The City and the Township mutually state that no alteration by the OAH/BA to the OAA boundaries, as illustrated on Exhibit B and described in Exhibit A, is appropriate or permitted. 6. The City and Township agree that upon annexation all planning, official controls, and governmental services for the annexed area shall become the responsibility of the City, and that the provisions of Minn. Stat. ~~414.035 and 414.036 authorizing differential taxation and municipal reimbursement for the annexed property will not be applied in this proceeding. 7. The City and the Township mutually state that the annexation of the property will not result in any change of electrical service. 8. Having designated the area illustrated on Exhibit B and described in Exhibit A as in need of orderly annexation, and having provided for all of the conditions of its annexation within this document, the parties to this agreement agree that no consideration by the OAH/BA is necessary. The OAH/BA may review and comment but shall within thirty (30) days order the annexation in accordance with the terms of this Resolution. 9. That the Township will deed the East 66 feet of the Northeast Quarter of the Northwest Quarter (NE 1;4 ofNW 1/4) in Section 32, Township 114 North, Range 19 West, Dakota County, Minnesota (Parcel #3 on Exhibit B) to the City of Farmington and the City of Farmington will thereafter be solely responsible for its upkeep and maintenance as a public right of way. Approved and A~te9- this 'M day of l../.. ./:...- , 2006. Approved and Adopted this day of ,2006. BY: CITY OF FARMINGTON BY: Kevan A. Soderberg Its Mayor AND Robin Roland Its Acting City Administrator EXHIBIT A Legal description of property subject to immediate annexation: Lots 1 and 2, Block 2, Empire Liberty Addition, Dakota County, Minnesota (PIDs 12-23900-010-02 and 12-23900-020-02), and; The East 66 feet of the Northeast Quarter of the Northwest Quarter (NE 1;4 ofNW 1/4) in Section 32, Township 114 North, Range 19 West, Dakota County, Minnesota. EXHIBIT B Map of property subject to immediate annexation showing existing corporate boundaries in the Northeast area of the City. o o o ... LY~~'- -~vv -~ ./ l~~. - D>>I , ~ - /Jr--J I I. j'\ - I- -I- 1- -+ I - .. ... o~ ~-. ~ - ,...... - - - - - - ~ .IlJ li;1 --- ---- ---~ -- I~~ : ~'\.~-- ~ r .... __ 'wiI' \ ..:::: V ~ ~~ ~ an~ .,.. ~ =~ ~ lIIIIIIlD I 910 rnm ZnTH Sf ~ fi:1 t= - i <- = I; ~ ~ V - <J /'" -mf- - I I I (J : r-J ^\' ,: ~= ~ ~ if ) ~~ _ I- \T T 1 ~ f ! - ~ -1 r ) I I I J I LJ LJ I- 11 1 )~/ - I rH ~Rl:1IC:tFHE:: I II I II I IT 1 V '<2Jl:: rT T :S 1I~~"7D~,~glt _ Rl J-- \-UlJ-Il::J.--l..)-i I-UJ::j H I J--1 (K ~ PERKINS ANNEXATION (j) (3( ~- ,@j .. = - ~ - - - I- Ii" :;=: I-J I ... 11-"-- I D Propos.d Annexation lor.. Dbl.tlng City of F.rmington EXHIBIT B tJ \ ~ " ! I I 7~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and Acting City Administrator FROM: Tina Schwanz, Economic Development Specialist SUBJECT: Transfer of "Old" Downtown Liquor Store to EDA DATE: March 6, 2006 INTRODUCTION The Economic Development Authority [EDA] has recommended that the City transfer ownership of the "old" downtown Liquor Store to the EDA so that the EDA can seek and obtain a tenant for the building. DISCUSSION Several months ago the downtown Liquor Store relocated to the City Center development. The former location space is now vacant and the EDA has talked about the options that exist for the future use of the building located at 305 3rd Street. The EDA believes that the best option is to lease the space rather than to sell the building. The EDA is willing to handle the administrative tasks involved with marketing the property and entering into a lease and the EDA's ability to do so would be better facilitated if the EDA actually owned the building. Accordingly, the City Attorney has drafted a Quit Claim Deed of the type that would be needed to transfer ownership to the EDA. ACTION REQUESTED Motion to execute the attached Quit Claim Deed. Respectfully Submitted, (~\.. \ )C~S'3cJ\Il:J~ Vr')) Tina Schwanz Economic Development Specialist . . . (Reserved for Recording Data) QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $1.65 Dated: , 2006. FOR VALUABLE CONSIDERATION, the CITY OF FARMINGTON, a Minnesota municipal corporation, Grantor, hereby conveys and quitclaims to the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FARMINGTON, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Dakota County, Minnesota, described as follows: Part of Lots Five (5) and Six (6) of Block Twenty-three (23) in the Town (now City) of Farmington, described as follows, to-wit: commencing Fifty-one (51) feet South of the Northwest comer of said Lot Six (6) in said Block Twenty-three (23), thence running South Fifty-one (51) feet, thence East One Hundred Ten (110) feet, thence running North Fifty-one (51) feet, thence running West One Hundred Ten (110) feet to the place of beginning, according to the plat thereof on file and of record in the office of the County Recorder in and for Dakota County, Minnesota. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: None. 123162 1 THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. The consideration for this transfer is less than $500.00. CITY OF FARMINGTON (SEAL) BY: Kevan A. Soderberg, Mayor AND: Robin Roland, Acting City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 2006, by Kevan A. Soderberg and by Robin Roland, respectively the Mayor and Acting City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Tax Statements for the real property described in this instrument should be sent to: Farmington EDA 325 Oak Street Farmington, MN 55024 THIS INSTRUMENT DRAFTED By: CAMPBELL KNUTSON, P.A. Professional Association 31 7 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 AMP/cjh 123162 2 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers, and Acting City AdministratorW FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Police DATE: March 6, 2006 INTRODUCITON The recruitment and selection process for the appointment of a part-time Receptionist, to fill a vacant part-time position in the Police Department, has been completed DISCUSSION After a thorough review of applicants for this position by the Police Department and the Human Resources Office, an offer of employment has been made to Ms. Melanie Frost, subject to approval by the City Administrator. Ms. Frost has previous clerical and transcription experience in a police department and meets the qualifications of the position. BUDGET IMPACT Funding for this position is authorized in the 2006 budget. RECOMMENDATION Approve the appointment of Ms. Melanie Frost in the Police Department, effective March 7, 2006. Respectfully Submitted, /I /1 / //' / .. '7'. /"~} '. !-. ~- ,/1/ /~ / L C'u.Al.'C!(,,/ .,' c<.J Li..'C ~tL t ....' - / , Brenda Wendlandt, SPHR Human Resources Director cc: file c2J~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Acting City Administrator '~~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - 2006 Seal Coat Project Public Hearing DATE: March 6, 2006 INTRODUCTION At the February 6, 2006 City Council meeting, the Council accepted the feasibility report and scheduled a public hearing for March 6,2006, on the 2006 Seal Coat project. DISCUSSION The 2006 Seal Coat project is the thirteenth project in the City's seal coat program established by the City of Farmington in 1994. The seal coat program is implemented in a seven-year cycle. The streets indicated in Attachment A are to be included in the seal coat program this year. The streets in Meadow Creek 1 st and 2nd Additions, Vermillion Grove 1 st and 2nd Additions, Middle Creek Estates, 206th Street West between Pilot Knob and Cypress Drive and 9th Street between 2l3th Street and Pine Street are to be seal coated for the first time this year. The streets of Dakota County Estates 1st Addition, Deer Meadows 1st and 2nd Additions, Division Street between Elm Street and Walnut Street, 1st Street, 2nd Street between Maple Street and Walnut Street, 3rd Street between Ash Street and Walnut Street, 4th Street Between Maple Street and Walnut Street, Oak Street between Division Street and the railroad tracks, Spruce Street between Denmark Avenue and the railroad tracks, Walnut Street between Division Street and 1st Street, Walnut Street between 2nd Street and 5th Street, Locust Street west of 1 st Street, Maple Street between the railroad tracks and 4th Street, Beech Street between 2nd Street and 3rd Street, the Rambling River parking lot, the ice arena parking lot and the fire station parking lot are scheduled to be seal coated this year. BUDGET IMPACT Since 2004, the City has participated in a Joint Powers Agreement with the cities of Bumsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, and Mendota Heights to complete Farmington's seal coat project. The 2006 Joint Powers Agreement was approved by the Council at the February 6,2006 City Council meeting. The total estimated project cost for the 2006 Seal Coat project is approximately $180,430. The City's special assessment policy indicates a 50/50 cost sharing split between the City and benefiting . . . properties for seal coat improvements. The estimated assessment based on the estimated project costs and the special assessment policy is $61.00 per residential equivalent unit. ACTION REQUESTED Adopt the attached resolution ordering the 2006 Seal Coat project, approving the plans and specifications, and authorizing the City to complete these improvements as part of the Joint Powers Agreement with Bumsville. Respectfully submitted, ~YYz~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -06 ORDERING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY TO COMPLETE THESE IMPROVEMENTS AS PART OF A JOINT POWERS AGREEMENT PROJECT 06-05, 2006 SEAL COAT PROJECT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 6th day of March 2006 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, a resolution of the City Council adopted the 6th day of February 2006, fixed a date for a Council hearing on the proposed 2006 Seal Coat Project; and, WHEREAS, ten days' mailed notice and two publications of the notice of the hearing was given, and the hearing was held thereon on the 6th day of March, 2006, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that, 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report, and the improvement should be made as proposed and not in connection with any other City improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 6th day of February, 2006. 3. Plans prepared by Lee M. Mann, P.E., engineer for such improvement, are hereby approved and shall be filed with the City Clerk. 4. The City complete these improvements as part of the Joint Powers project administered by the City of Bumsville. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of March 2006. Mayor day of March, 2006. Attested to the Acting City Administrator SEAL Attachment A Streets Dakota County Estates 1st Addition 180th Street West Upper I 82nd Street West Empire Trail Emerald Trail I 80th Court Embers Avenue Embers A venue Ely Avenue Deer Meadows 1't and 2nd Additions 180th Street Eventide Way Exter Court Exter Place Everglade Court Meadow Creek 1't and 2nd Additions 187th Street I 87th Street Court 189th Street 190th Street Dylan Drive Dupont Way Dunbury Avenue Vermillion Grove 1't and 2nd Additions 19ih Street I 98th Street English Avenue Emerson Court Emerson Circle Emperor Court English Court Location Pilot Knob to Ellice Lane Pilot Knob to Ellice Lane 180th Street West to Embers Avenue 180th Street West to the east phase line of Dakota County Estates 1 st Addition All North of 180th Street West Emerald Trail to the south phase line of Dakota County Estates 1 st Addition All West of Pilot Knob All All All All Dunbury Avenue to the west phase line of Meadow Creek 2nd Addition All Dunbury Avenue to the west phase line of Meadow Creek 1 st Addition Dunbury Avenue to 189th Street 189th Street to the north phase line of Meadow Creek 2nd Addition All South phase line of Meadow Creek 1st Addition to the north phase line of Meadow Creek 2nd Addition Pilot Knob to English Avenue English A venue to Akin Road 19Sth Street to south phase line of Vermillion Grove 1 st Addition All All All All Streets Location 206th Street Pilot Knob to Cypress Drive Middle Creek Estates Dyers Pass All Downtown Oak Street Spruce Street Walnut Street Walnut Street Locust Street Maple Street Beech Street Division Street 1 st Street 1 st Street 2nd Street 3rd Street 4th Street Division Street to railroad tracks Denmark A venue to railroad tracks Division Street to 1 st Street 2nd Street to 5th Street West of 1 st Street Railroad tracks to 4th Street 2nd Street to 3rd Street Elm Street to Walnut Street North of Elm Street Elm Street to Ash Street Maple Street to Walnut Street Ash Street to Walnut Street Maple Street to Walnut Street 9th Street 213 th Street to Pine Street Ice Arena Parking Lot Fire Station Parking Lot Rambling River Parking Lot All All All 100- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Acting City Administrator ~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Approve Appointment - Rambling River Center Advisory Board DATE: March 6, 2006 INTRODUCTION A vacancy exists on the Rambling River Center Advisory Board. The term for this appointment is from February 1, 2006 through January 31,2009. DISCUSSION Ms. Evelyn Enyart and Mr. Gilbert Anderson have applied for this vacant seat on .the Rambling River Center Advisory Board. Earlier this evening at the Pre-Meeting, Council interviewed the applicants. ACTION REOUIRED Approve the appointment of either Ms. Evelyn Enyart or Mr. Gilbert Anderson to the Rambling River Center Advisory Board to complete the term from 2/1/06 through 1/31/09. Respectfully submitted, %,~ R.ftc<<~;~ Lisa Shadick Administrative Services Director CITY OF FAAAIINGTON APPLICATION FOR BOARD OR COl\1MlSSION APPOINTMENT Name (;~-~,:~L/1;1(j (f;~7l-(/J:f{f J J Address //1 ~/7~e> _/!t./~-~ Employed By /~_L~?J' ;n --f _ /-:'L..-' Date of Application .:1 - Y - (/ ~-' Daytime Phone #~~/ - L/?3 -. 'd33 ~..~ Board or Commission you wish to serve on ;) 7 j. '1 /' ,I - e > '. / d t?-~A- LL c:/[ 4---ne .1Lec-;?/ .:;i'~-yL c-.-U 1 .. / ~--7 L/~ (;/-L0{-~/ Qualifications (C over pertinent educational background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) ~hc~ ..~~. ~LP' ~~C~/ JLG~_~,--//p~.r/1L~ . / ,~ ;I' r'; ;-i! / /~ > (i.r:d/)(.:--77~/-C/~~f- d--?~6A-L~ / ./~~ / . c4 ~4/;h a/'i"/,' 4~A-L?~ c ~ '~:?'-?L~' f ;/ C/L--;?~-:"A' C'.:" ~_<-_-r- ---IJ.c 7:'/ // /2J~<:,--7C-~~~;-r'~ ~(Y -.-2/;Le ~J~~.~L~a~~~~ _1?- .zJ ~;:,. -L~jL U ./ _ t# ..~./ C _.d'A_-e:_/<~' ~~-eJZ " . . '7(/. P". / / /. <t!~ ./ _.L---r'--' y_,f.-0/~-n,<-.c!J- '...e.-4~ \..!-L _-6'/ .-6"-C/ -35-. V- "<::::- State briefly, your reasons for seeking an appoinnnent to this board or commission Ii / ;T' I '<--?~{'77(/ L~.J~p~*/ t2-YLc;I._/A_-",~c~ -;?K~ / J ~72c~&-C~L~ cc/[2k.h~ / v 1 ~/.&J c~/ ....-Lrce:! ,d~ ';Z ~i: /~~ ft-h;;? ~ -.4 . - (/.. /-,'j -r" I rJ /.2.,tl./f-A:;--k-,/L--' .~L-:'_~_-e_j ~1~~ / References (list any references you wish that would be familiar with your qualifications for the position). ;~k?~~ (;(~ ~ ~~J %~ . / Ph,",~ ~r/ ~.4- )rJL~" '//1 ,~. //_ / }' flc{.A-L~'v/~yL#~ Signature ~L--A.;-r-' $ CiA-/-&~ Dale c;< - Y ~ d &, CITY OF FAAAIlNGTON APPLICATION FOR BOARD OR COMMlSSION APPOINTMENT Name I "'; I \ h -..: y-t L . A VlC\ I:': y:~;{.. () Date of Application .1, j I p., //10 , w Address ~ 1:1) S P \' L~ C, c' ')t . ) ( ..~ .en, J tL<~'L'L'i \ Daytime Phone 1(0,/j "J ) .Jf-L"5,. '5,'...::)-; j Employed By TI ' I ,/' n . ~., "'>) 01 n ",~ t I Y- f C > riel , n,J "V - 1/1 1<'" .;:..It L' {h l~ ~"e....fl,)d,,:,,( tt( . n l.-C"'J , '. ) Board or Commission you wish to serve on r~u,)"J, II Y1 '} j,?; 1/,0 y i',;. i<1LP v pd y I '.,,~ 'j ,An fL nL Qualifications (Cover pertinent educational backgroWld. employment positions and other experience on committees, boards, commissions and church organizations, etc.) Ll't.pn-:"o,{ /<po JC<' c..4-+'1,o(lt""::>) - t 'il1<Ylf'l 11(1'1-1 Hmf'~'I'I'((" LoJ://7(4-'{E~"/7l:J) Cr\ ,"\~,i I' )') I"\{:' \I" l{ " J / , c> ' /- I 1)1l ,'u~ 0 {f- I C!. f \" 1-1/" L')c, t C Il'i oj , c\ 1~lnf';It;dll L"'J'~;i' (' J), 1 ,.ch (I Cd I .1 ,I i I D- \- " ~l_' .-C:)(yve...c\ Cell t'lLV":-'i""'lj 0nClfll ('.-\- (' bl f}, iI -- I'je,,-,,'Y\ ,1\V), l,VE- (" U;;f\Le_I(" j ~n.( "1e v'~ :('.:.d 'j ~ c, y", . State briefly, your reasons for seeking an appoinnnent to this board or commission-(h!:' ~":x',.... II'> --- ep)'Trc"" IS (UI Itllj','tTlL.j\( fO,...,,'[ c'f eLl. ~ (j_.('inrnUtl1t~ fll\d r It '.,:sh -C~. ,,~;c' Y v'e.. j t" ('/:. -l~j LJ~~) -r tl..{L (\ T ,~.. 1-" lrrkt-r [(1 -"Ul (1.../d"lL ; Ih LiP J)tj:c)P' Y \ nJ (< 1'1 Th~ h () rt...~rl . References (list any references you wish that would be familiar with your qualifications for the position). .Lh(LY II E' k.)/? h <2 Y n ie' (LV I ,Sh I Y' I e'j R\ <:L" (' ])',-v' <2... !vie ''>1 lC':> UY(\ ,,+ He..(~A\ N(,n(."J()L~ SignatureC,~~~ ~~ Date~ ~/d(, ----- 106 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and Interim City Administrator,:~ . k .. ~ \ Randy DIstad, Par s and RecreatIOn DIrector FROM: RE: Agreement with 3rd Lair Skatepark DATE: March 6, 2006 BACKGROUND Park and Recreation Department staff (staff), the City Attorney and the Park and Recreation Advisory Commission (PRAC) have been working with 3rd Lair Skatepark (3rd Lair) to create an agreement that would provide 3rd Lair with an opportunity to operate a skate park inside one of the City's hockey rinks by Farmington Middle School West. DISCUSSION 3rd Lair presented a proposal to the Parks and Recreation Department staff in November 2005 to operate a skate park in Farmington in one of the City's outdoor hockey rinks by Farmington Middle School West. In December 2005 the PRAC reviewed the proposal, and were supportive of working with 3rd Lair on developing an agreement for the operation of a skate park. In December 2005 and January 2006, Parks and Recreation Department staff and the City Attorney worked together to draft an agreement. In early February 2006, the agreement was forwarded to 3rd Lair for review. 3rd Lair provided comments back to staff and at that time there seemed to be only a few issues related to the splitting ofthe daily admission revenue and who was to pay for the cost of garbage and portable restroom services. On February 15, 2006, staff reviewed these issues with PRAC members and direction was given to continue to ask for revenue sharing and work with 3rd Lair to get an agreement approved. In late February 2006, staff made a counter proposal on revenue sharing from the daily admissions and proposed that the City and 3rd Lair each pay for one garbage container and one portable toilet. 3rd Lair agreed with the counter proposal and requested that the agreement be put on the March 6th City Council agenda for approval. The benefits to the City, should the agreement be approved, are as follows: * The City receives an expanded skatepark with many more ramps, rails and equipment at no additional cost. * The skate park will be supervised at no cost to the City of Farmington and the supervision will occur seven days a week. * Some revenue is received by the City whereas previously there was no revenue received from the skate park operations. * Additional garbage and portable toilet service are added at no additional cost to the City. * Garbage and graffiti are cleaned up by 3rd Lair staff, which in the past has been done by staff. BUDGET IMPACT The City currently already provides a garbage container and portable toilet for the skate park so the cost of these two services is already covered in the budget. It is anticipated that the number of users will increase and so 3rd Lair has agreed to cover the cost of one additional garbage container and one additional portable toilet to accommodate an anticipated increase in the number of skatepark users. While not knowing what the total amount of revenue will be, the revenue that the City receives from the daily skate park admission fee will be more than what was received from the skatepark in the past. Previously, the skatepark did not charge an admission fee because it did not have staff supervision to do so and it did not have many ramps or equipment for users to access. REQUESTED ACTION Approve by motion the Agreement with the 3rd Lair Skatepark. ifR. e ctfully Subrnitteft, I ~ f)AiJ andy Distad Parks and Recreation Director AGREEMENT THIS AGREEMENT is made this day of , 2006, by and between Action Sports of Minnesota, Inc., a Minnesota corporation, d/b/a 3rd Lair SkatePark & SkateShop ("3rd Lair") and the City of Farmington, a Minnesota municipal corporation (the "City") (collectively referred to as the "Parties"). WHEREAS, the City has for the past four summers provided a small skateboard park in one of the outdoor hockey rinks next to Farmington Middle School West for the public to use; and, WHEREAS, 3rd Lair is interested in operating a skatepark in one of the outdoor hockey rinks by Farmington Middle School West in the City of Farmington; and, WHEREAS, 3rd Lair is interested in offering skateboard camps and daily skate sessions beginning in June and ending in October as part of their operation of a skatepark in the City of Farmington; and, WHEREAS, 3rd Lair is willing to provide supervision for the skatepark but is requesting that an admission fee be allowed to be charged for their skatepark in order to cover the supervision cost; and, WHEREAS, 3rd Lair will provide the proper insurance coverage, its own ramps and equipment in order to operate a skatepark in Farmington; and, WHEREAS, it appears to be in the best interest of the City and its residents to allow the 3rd Lair to operate a skatepark in one of the City's outdoor hockey rinks located adjacent to Farmington Middle School West. NOW, THEREFORE, in consideration of the promises contained herein, the Parties hereby agree as follows: SECTION 1. TERMS OF AGREEMENT. I. Except as otherwise specifically provided herein, 3rd Lair shall be allowed to use one of the outdoor hockey rinks located on the City's property adjacent to the Farmington Middle School West building for the operation of a skatepark. 2. This Agreement shall run for a period of five months beginning on June 1,2006 and shall end on 12:00 Midnight on October 31,2006. 3. 3rd Lair shall have first right of refusal in any subsequent years on the operation ofa skatepark on City property if after the City determines it does not wish to operate its own skatepark. 123205vOl Page 1 of6 4. The terms of this Agreement do not bind the City and 3rd Lair to the leasing of any other City-owned parks and/or facilities. 5. The City will allow 3rd Lair to offer skateboarding camps in the mornings and paid open skating sessions the remainder of the day. 6. The skate park will be supervised by 3rd Lair staff during the open skateboarding seSSIOns. 7. 90% of the total f.oss revenues generated by dailv open skateboardinl! sessions shall be retained by 3r Lair and 10% of the total gross revenues generated by daily open skateboarding sessions shall be retained by the City. 8. 3rd Lair is allowed to leave the skateboard ramps on City property during the five months that it operates a skatepark in the City. If this Agreement is ever terminated prior to the end date of this Agreement, 3rd Lair shall remove the equipment within 48 hours of the date that this Agreement was terminated. At the conclusion of the season on October 31, 2006, all skatepark ramps and other equipment shall be removed from the City's property by 3rd Lair within 7 calendar days. If3rd Lair fails to remove the skatepark equipment from City property within the seven calendar days, the City reserves the right to relocate the equipment to other City property. 9. Both Parties agree that no lights shall be provided for the skatepark and that the hours of operation will only be during daylight hours. 10. An annual meeting shall occur with both Parties at the conclusion of the season in order to evaluate the operation ofthe skatepark by 3rd Lair. 11. Due to recreational programs being held at the warming house 3rd Lair shall not use the warming house for any part of its operation of the skatepark except as a severe storm shelter. SECTION 2. 3rd LAIR'S OBLIGATIONS. 1. 3rd Lair shall annually ensure that all skatepark ramps and equipment complies with all safety requirements for skateparks. Further it shall provide proof that the equipment has been inspected prior to the skatepark opening and that it is periodically inspected by qualified 3rd Lair staff throughout the season. If any permits or licenses are ever required for skatepark operations, 3rd Lair agrees to provide a copy of said permits or licenses to the City. 2. The upkeep, maintenance and repair of all skatepark ramps and equipment shall be the responsibility of 3rd Lair. 123205vOl Page 2 of6 123205vOl 3. 3rd Lair agrees to provide skateboarding camps as part of the operation of a skatepark in the City. 4. 3rd Lair agrees to provide the following seasonal operational schedule: Seasonal dates: Opening date: Closing date: June 1, 2006 October 31,2006 Dailv open skate sessions when skatepark camp is held: Monday - Saturday: Sunday: 12:00 Noon - 9:00 p.m. or sunset (whichever occurs earlier) 12:00 Noon until 9:00 p.m. or sunset (whichever occurs earlier) Dailv open skate sessions when skatepark camp is not beine held: Monday - Saturday: 9:00 a.m. - 9:00 p.m. or sunset (whichever occurs earlier) Sunday: 12:00 Noon - 9:00 p.m. or sunset (whichever occurs earlier) 5. 3rd Lair shall provide staff to supervise the skatepark while skateboarding camps and daily open skateboarding sessions are occurring. 6. 3rd Lair staff shall pick up on a daily basis the litter and trash in and around the skatepark. 3rd Lair agrees to cover the cost of a 300 gallon garbage container at a rate of $45.50 per month. 7. 3rd Lair shall remove or cover up any graffiti that occurs either to the hockey boards, pavement or to the skatepark ramps and equipment. Further it agrees to cover the cost of repairs to any City property that is damaged due to vandalism that can be directly attributed to the skatepark participants during the daily hours of operation. 8. 3rd Lair agrees to promote and encourage the recycling of materials by participants if possible including aluminum, plastic and metal. 9. It is agreed that 3rd Lair shall pay for the monthly cost of one portable toilet at a rate of $53.00 per month. 10. 3rd Lair shall provide to the City the name(s) of staff members who can be the contacted during the daily skatepark operations. 11. 3rd Lair shall provide a small portable building that its staff shall control the daily operations of the skatepark from. Prior to the placement of this portable building, it is further agreed that the City shall be able to inspect and approve the building before it is temporarily placed. Page 3 of6 13. 3rd Lair agrees to complete background checks on all of its staff members who supervise the skatepark and provide proof of said background checks. SECTION 3. CITY'S OBLIGATIONS. I. The City shall provide garbage and recycling containers for litter, trash and the recycling of plastic, metal and aluminum beverage containers. 2. The City shall arrange for two (2) 300 gallon garbage containers to be available on site and shall pay for one garbage container and shall invoice 3rd Lair on a monthly basis for the second garbage container in the amount of$45.50 per month for the second garbage container. The City shall coordinate the installation and removal of such service. The garbage shall be dumped once a week. 3. The City shall be responsible for disposing of the garbage and the removal of the recycling material from the site. 4. The City shall provide vending machines on site and shall keep all proceeds from the sale of vending items. 5. The City shall be responsible to arrange for two (2) portable toilets to be available at the site and shall pay for one portable toilet and shall invoice 3rd Lair on a monthly basis in the amount of$53.00 a month for the second portable toilet. The City shall coordinate the installation and removal of such service. The portable toilets shall be pumped once per week. 6. The City shall provide paint to 3rd Lair so that it can be used by 3rd Lair staffto cover any graffiti or vandalism that occurs to the City's property such as to the hockey boards or to the pavement. 7. The City shall identify a location and provide space for a small portable building that 3rd Lair will provide. 8. The City shall remove and store the skatepark ramps that it owns and they shall not be available to 3rd Lair to use. SECTION 4. INSURANCE REQUIREMENTS AND INDEMNIFICATION OF THE CITY. 1. 3rd Lair shall provide to the City written proof of insurance protection in such amounts, and from such issuing companies, as shall fully and completely protect the interests of the City, including, at a minimum, the following: Insurance Tvpe Any Auto Amount $1,000,000.00 Combined Single 123205vOl Page 4 of6 Limit (CSL) or Equivalent Comprehensive General Liability $1,000,000.00 CSL or equivalent 2. 3rd Lair shall name the City as additional insured on the Any Auto and Comprehensive General Liability policies described above, and shall provide the City with Certificates of Insurance for all policies required herein, which certificates shall provide and require that notice shall be given to the City by the carrier or carrier's representatives at least 30 days prior to any changes, cancellation, non-renewal, or lapse of the policies required herein. 3. 3rd Lair shall fully and completely defend, indemnify and hold harmless the City and its employees, officials, officers, and agents from and against any claims for personal injury, including death, and for destruction of damage to the concession and hockey equipment (equipment) on the City's property, which claims are related to the equipment on the City's property and the source of which occur while this Agreement is in effect. SECTION 5. TERMINATION OF AGREEMENT. In the event that the 3rd Lair or the City fails to perform and carry out any of the terms or conditions of this Agreement strictly in accordance with the provisions hereof, or for any reason is unable to properly conduct its business, this Agreement may be terminated by either Party giving written notice to the other Party. On termination, all rights ofthe 3rd Lair to occupy or use the outdoor hockey rink shall end on the 10th day after delivery of such notice by which time the 3rd Lair and all of its officers, agents, and its employees shall remove its skatepark ramps and equipment, vacate the premises and surrender the same to the City quietly and peacefully. The City's termination ofthis Agreement hereunder shall not prevent or interfere with the recovery by the City of any damages caused by the 3 rd Lair to the outdoor hockey rink. SECTION 6. OTHER TERMINATION. NOTWITHSTANDING any other provision, if any local law, rule, regulation, or order prohibits the activities in this Agreement, then this Agreement shall be immediately terminated with both Parties owing no further compensation to each other. SECTION 7. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the Parties and no terms may be altered in any way except by the written consent of both Parties. This Agreement may not be assigned or conveyed without each Party's written consent. 123205vOl Page 5 of6 ACTION SPORTS OF MINNESOTA, INC. d/b/a 3rd Lair SkatePark & SkateShop CITY OF FARMINGTON, a Minnesota municipal corporation BY: BY: Mark Muller, President Kevan A. Soderberg, Mayor AND Robin Roland, Interim City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2006, by Mark Muller, the President of Action Sports of Minnesota, Inc., a Minnesota corporatin, d/b/a 3rd Lair SkatePark & SkateShop, on its behalf. Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by Kevan A. Soderberg and by Robin Roland, respectively the Mayor and Acting City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 123205vOl Page 6 of6 /{}~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members FROM: Robin Roland, Acting City AdministratorlFinance Director SUBJECT: City Building Process Discussion DATE: March 6, 2006 INTRODUCTION The 2006 - 2010 CIP includes the construction of a new City Hall in 2007. In order to start construction in 2007, planning must begin in 2006. DISCUSSION Michael Cox and John McNamara will be at the meeting on Monday to discuss the City Hall and related projects. Related projects which were identified in the CIP include construction and demolition of other buildings in the downtown area. They will review how we arrived at our current plan and supply a timeline for future action. The City Hall project will be discussed and prioritized as part of the Council goal setting process on March 10th. BUDGET The 2006 - 2010 CIP identifies a project cost of approximately $7 million for a new City Hall. As part of the presentation, costs will be reviewed and an estimate of potential increases will be provided. A more in depth analysis will take place at the goal setting. ACTION REQUESTED The presentation is for Council information only. Further discussion will take place at the Council goal setting workshop. Respectfully submitted, /,../ / ..~e;:1 Robin Roland Acting City AdministratorlFinance Director . . . (3 City of Farmington New City Hall Design Concept 2004 Study . Progr~)m Area of 35.900 GSF . Site at Spruce Street Corridor & 3rd Street . Various multi-level faCility options . Estimated project cost of S7.6M (2004) . COLI nul Chambers with seating for approximately 130 spect.Jtors . Multi-use conference rooms . Offices of Parks and Recreation, City Engineering, Community Development, Administration, Finance, and Human Resources /O~ I I I I J 8:-- GG 1 . . . SikoDe.9lopmenl BulldlngConsGu::liorl 'T_ConoI"JCl.~..(:oat T"'i'iiiOOltI ""'IoetCa_'2''''''IHI~Il,II''In"l SbaeqlJ_n&~__ ~;:&~~IX>!lStrlIO'" &a\Ool_lngCIlyHIlI S1"","","pooIRouIlIlN>ouljAlkrooi"""j Add '::;:1 2 months 4 months July '06 2 months 3 months Oct '06 2 months 4 months Feb '07 B,dding and Award 1 month 1 mor'lth Construction 12 months 12 montl"s fv\arch'08 , month 1 month (Total) 21 months 25 months Schematic Design 1 month May '06 Design Development 1 month June '06 Conslrl,lction Documents 2 months Aug '06 Bidding and Award 1 month Construction 6 months March '07 1 month April '07 2 /od City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members FROM: Robin Roland, Acting City AdministratorlFinance Director SUBJECT: Consider Resolution - Constitutional Dedication of the Motor Vehicle Sales Tax DATE: March 6, 2006 INTRODUCTION An amendment to the State Constitution was approved by the legislature in 2005 and will appear on the ballot this fall. The amendment would assure dedication of lOO% of the existing motor vehicle sales tax to the highway user tax distribution fund. The revenues would be allocated 40% to transit statewide and 60% to highways statewide. DISCUSSION The Association of Metropolitan Municipalities (AMM) has contacted the City and requested that the City Council consider adopting a resolution supporting the current language of this proposed Constitutional amendment. AMM understands that the amendment is controversial and has met with some opposition, but has taken the position that the amendment in its current form should be supported as a measure to address the needs of transportation funding. A letter from the Executive Director of the AMM is attached. Seven other cities, including Lakeville and Burnsville, have adopted the resolution. ACTION REQUESTED Consider the attached resolution supporting the current language of the proposed Constitutional amendment dedicating the Motor Vehicle Sales tax to the highway user tax distribution fund. Respecifully submitted, /!1i/--~lr:"/ Robin Roland Acting City Administrator/Finance Director Ii .. Auociation of Metropolitan Municipalitie~ February 10, 2006 Mayor Kevan Soderberg City of Farmington 325 Oak St Farmington, MN 55024 Re: Constitutional Dedication of the Motor Vehic1e Sales Tax Dear Mayor Soderberg: In 2005, the legislature passed a proposed constitutional amendment that would dedicate 100% of the existing motor vehicle sales tax (MVST) to the highway user tax distribution fund. Previous legislation has already dedicated this money to highway and transit funding under state statute, but as a result of budget shortfalls preceding administrations have used the money to balance the budget. Placing the motor vehicle sales tax in the highway user fund through a constitutional amendment would ensure dedication of the funds. The current proposed amendment, which is enclosed, would take at least 40 percent of the revenue generated by the existing motor vehicle sales tax and dedicate it to transit statewide, and would dedicate no more than 60 percent of the funds towards highways statevvide. The conversion of money from the general fund, where it had previously been rerouted, will take place over five years being fully phased in by 2011. There are three issues that have 111ade the Constitutional dedication controversial. First, the amendment language does not guarantee a fixed amount for roads. Second, there is concern that the public will consider the problem to be "fixed" if they vote for the amendment, when we know that the MVST amendment will only provide about 25% of the funding necessary to maintain our current level of congestion. And finally, the dedication of MVST to transportation financing will create a hole in the general fund. Critics consider these issues to be fatal flaws and are campaigning against the amendment as it is written. None of these issues, either singularly or in combination is sufficient reason to oppose the amendment. While critics argue that roads will be left out, each biennium 145 University A venue West Saint Paul, Minnesota 55103-2044 Telephone: (651) 215-4000 Fax: (651) 281-1299 E-mail: amm@amm145.org proceeds from MVST must be legislatively appropriated for roads and transit. Highway funding has a very strong constituency in the legislature and road construction will get its fair share. While it's also true that MVST will only provide a portion of the necessary transportation funding, ($300 million in additional funds compared to a $1 billion need), it represents an important first step toward additional funding. And finally, while dedicating MVST to transportation may leave a shortfall in the general fund, MVST is a transportation related tax that should be dedicated to transportation uses. The AMM has taken a position, through its transportation policy committee and board of directors, of supporting the proposed constitutional amendment as it is currently drafted. It is acknowledged by transportation advocates and municipalities alike that the current draft of the proposed amendment could have been done differently, however drastic changes to the language at this late stage undermine the ultimate passage of the amendment. The AMM is aware of attempts to change the current language of the amendment and/or defeat the current amendment as it is proposed. The AMM is encouraging individual cities to pass resolutions supporting the passage of the constitutional amendment. Funding for highways and transit is increasingly more difficult to secure and a dedicated more stable source of funding must be sought. Enclosed is a sample resolution that can be used as a starting point for individual city resolutions. We are encouraging cities to pass the resolutions, return an adopted copy and the resolutions will be used in AMM's legislative campaign to show legislators that cities support the passage of the MVST amendment. If there are any questions or concerns please feel to contact either Sarah Erickson at 651-215-4003 sarah@amm145.org or Louis lambois at 651-215-400110uis(a)ammI45.org for more information. c.c. City Administrator/Managers RESOLUTION NO. R -06 SUPPORTING THE CONSTITUTIONAL AMENDMENT FOR MOTOR VEHICLE SALES TAX DEDICATION TO TRANSPORTATION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of March 2006 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City Council ofthe City of Farmington is the official governing body of the City of Farmington; and, WHEREAS, Minnesota's transportation infrastructure forms the backbone of the State's economy and has a direct impact on future economic development; and, WHEREAS, funding for highway and transit systems in Minnesota has remained stagnant and is failing to keep pace with its growing population and growing demands; and, WHEREAS, local governments throughout the State struggle to maintain local transportation systems while the State's gas tax has not been increased since 1988 and transit budgets have been cut in recent years; and, WHEREAS, the Minnesota Legislature has repeatedly turned to revenue from the motor vehicle sales tax, which has been viewed as user fee revenue, in order to fund highway and transit systems including the current dedication of 54% of motor vehicle sales tax for transportation purposes; and, WHEREAS, the Legislature passed a proposed constitutional amendment during the 2005 Legislative Session that would appear on the November 7, 2006 ballot asking voters ifthe remaining 46% of motor vehicle sales tax revenue currently used for other purposes should be used for highways and transit systems; and, WHEREAS, passage of this amendment would mean an increase in more stable revenue for highway and transit systems throughout the State and would raise approximately $300 million per year once the transfer of revenue is fully phased in by 2011. NOW, THEREFORE, BE IT RESOLVED, that the City of Farmington strongly supports passage of the proposed amendment to the Minnesota Constitution dedicating all of the motor vehicle sales tax revenue to transportation with at least 40% of the revenue for public transit assistance and not more than 60% ofthe revenue for highway purposes. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of March 2006. Attested to the SEAL Mayor day of March 2006. Acting City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IOe FROM: Lee Smick, AICP City Planner ltpu ~j TO: Mayor, Council Members, Acting City Administrator SUBJECT: Adopt Resolution - Approve Final Plat Vermillion River Crossings 2nd Addition DATE: March 6, 2006 INTRODUCTION Pedersen Ventures has submitted the Final Plat for the Vermillion River Crossings 2nd Addition, located south of CSAH 50 and west of Denmark Avenue (Exhibit A). The plat includes the creation of one commercial lot and the dedication of right-of-way for Dushane Parkway. DISCUSSION On July 25, 2005, the City Council approved the Vermillion River Crossings Preliminary and Final Plat (Exhibit B). The 2nd Addition Final Plat includes the platting of Outlot D and G, along with a portion of Outlot C and Lot I Block 3. On February 14,2006, the Planning Commission recommended approval of the 2nd Addition Final Plat with a contingency, as explained below. Outlot D (Lot 1 Block 1 - Vermillion River Crossings 2nd Addition) Outlot D is proposed for the location of Northfield Clinic. A large drainage and utility easement (between 55 and 62 feet in width) is required on the northern portion of the lot and encompasses the stormwater drainage area required by the DNR. No development may occur within the easement. Additionally, a sanitary sewer easement is located on the west side of the property. All other easements on the plat meet City requirements. Outlot G and portions of Outlot C and Lot 1 Block 3 - (Vermillion River Crossings) At its meeting on February 14th, the Planning Commission recommended approval of the 2nd Addition Final Plat contingent upon the need to include portions of Outlot C and Lot I Block 3, south of Knutsen Drive. Dushane Parkway was shown as "Outlot G" on the initial Vermillion River Crossings plat (Exhibit B). Outlot G was 100 feet wide, which was enough to encompass the roadway itself and the adjacent diagonal parking. However, it was not wide enough to include the IS-foot wide sidewalk on both sides of the road, or the "comer amenity areas" at the southeast and southwest comers of Dushane Parkway and Knutsen Drive. These areas were located within the parcels adjacent to Outlot D (Outlot C on the west side and Lot I, Block 3 on the east side). The final plat for the Vermillion River Crossings 2nd Addition (Exhibit A) addresses this situation by including the sidewalks and comer amenity areas within the platted right-of-way for the relevant portion of Dushane Parkway. See the attached Landscape Plans (Exhibits C & D) for further information. Note: Per the developer's comments on February 9, 2006, the layout and details for the west sidewalk south of Knutsen Drive will be provided as part of the Phase II construction documents and will "mirror" the design for the east sidewalk. Upon approval of the 2nd Addition Final Plat, the City will be responsible for the maintenance of the right-of-way, including the sidewalks, comer public amenity areas, and all landscaping and lighting located therein. Engineering Engineering has recommended approval of the Vermillion River Crossings 2nd Addition Final Plat contingent upon the satisfaction of any engineering requirements. ACTION REQUESTED Adopt the attached resolution approving Vermillion River Crossings 2nd Addition Final Plat contingent upon the following: 1. All engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division shall be required. 2. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. Respectfully submitted, ..1 /y ~ /}, kI!! ()~~ tee Smick, ~ICP City Planner cc: Pedersen Ventures RESOLUTION NO. APPROVING FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT VERMILLION RIVER CROSSINGS 2ND ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of March, 2006 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking final plat review and approval of Vermillion River Crossings 2nd Addition; and WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 28th day of June, 2005 preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the Vermillion River Crossings 2nd Addition at its meeting held on the 28th day of June, 2005; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal services. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. 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I; " , i~! l'i~: >t'''~ f:;~~ i ~ " ll: ;: ~~~ -' ~ w Cl >lffil t ~< /OF City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: ~V Mayor, Council Members, Acting City Administrator 'V Kevin Carroll, Community Development Director Lee Smick, AICP, City Planner TO: SUBJECT: Approve Landscape Plan - Vermillion River Crossings Approve Unifying Design Theme - Vermillion River Crossings DATE: March 6, 2006 INTRODUCTION: Pedersen Ventures has submitted a Design Theme Narrative and Landscape and Amenity Plans for the Vermillion River Crossings project. DISCUSSION: A. Design Theme Narrative Part B(2) of Section 10-6-21 ofthe City Code ("Design Standards for Spruce Street Commercial, Mixed Use and Business/Flex Commercial Districts") provides as follows: 2. Unifying Design Theme: Buildings and/or streetscapes in the Spruce Street Commercial District and the Business/Flex District shall reflect a unifying design theme that incorporates features found along the north/south corridor and within the mixed use district. City staff and the Planning Commission shall determine whether development proposals satisfy this requirement. This "Unifying Design Theme" concept was proposed by City staff and adopted by the City Council in order to reduce the likelihood that the new Spruce Street commercial area would ultimately consist of a collection of separate buildings with widely divergent architectural styles, colors and exterior building materials. Staff members believed that if easily recognizable "visual themes" could be incorporated into all new development occurring within the area, a more attractive, more cohesive and ultimately more successful commercial environment could be created. In order to satisfy this Unifying Design Theme requirement, and the request of City staff, Pedersen Ventures submitted an initial draft of a Design Theme Narrative for the Vermillion River Crossings development in October of 2005. That document reflected the developer's intentions at that time, which was prior to most of the more detailed work that was subsequently done on the Landscape and Amenity Plans. As a result, the initial draft included references to some items that were no longer part of the proposed Landscape and Amenity Plans that the Planning Commission reviewed on February 14. Accordingly, City staff and the Planning Commission recommended that the first draft of the Design Theme Narrative be updated to more accurately reflect current information and expectations. The developer submitted a revised Design Theme Narrative (attached) on March 1, 2006. The new version eliminates all of the outdated material (with the possible exception of the reference to "wild grasses" in the median) and adds new information regarding the latest modifications to the Landscape Plans. For the most part, the revised Design Theme Narrative is acceptable to City staff. The strongest aspect of the Design Theme Narrative is the level of detail that has been provided regarding the developer-owned, multi-tenant buildings that will face DuShane Parkway. In particular, the developer has effectively incorporated a number of architectural and design details from several of the existing downtown's most prominent and attractive "historic" buildings (Exchange bank Building, Fletcher Building, etc.). As a result, the proposed multi- tenant buildings along DuShane Parkway will reflect the "History of Farmington" element of the developer's Design Theme Narrative. Further, certain aspects of the landscaping that has been proposed for the areas adjacent to the multi-tenant buildings will reflect the "Vermillion River" element of the developer's Design Theme Narrative. An example of this is the "river-like" curved band of exposed aggregate that will be incorporated into the sidewalks. However, of the two elements referred to above, the Vermillion River element is the one that will probably be less immediately discemable to shoppers and visitors, so the developer is encouraged to give further and ongoing consideration to other ways in which that particular theme can be creatively demonstrated as the development moves forward. The most obvious opportunity in that regard would involve the active use of water, perhaps in the form of fountains, reflecting pools, interactive water features, or educational displays regarding the Vermillion River itself and the steps that were taken to protect it as the Vermillion River Crossings project was being designed and planned. The weakest part of the developer's proposed Design Theme Narrative is connection between (a) the two aforementioned unifying design themes and (b) all of the buildings other than the developer-owned, multi-tenant buildings. For example, the conceptual drawings that have been submitted thus far regarding the McDonald's restaurant and the medical clinic do not appear to include anything noteworthy regarding the Vermillion River element of the Design Theme Narrative. Even if the sidewalks on the south side of both buildings are eventually designed in a way that includes the curved aggregate bands referred to above, that particular design element may be readily apparent only to someone who is actually walking on the sidewalk. Occupants of vehicles, "non-pedestrian" customers of the businesses and others may not see or notice the aggregate bands. The only real connection between the Design Theme Narrative and buildings such as McDonald's and the medical clinic probably lies in the Design Theme Narrative's reference to the fact that the "out-lot areas would include at least 20% of their exterior with.. .materials.. . similar in style, texture and color as the Main Street facades." The fundamental underlying question is whether the "History of Farmington" theme from the Design Theme Narrative can be effectively implemented or demonstrated in this manner. That is, will the casual observer or the average shopper/resident see or notice any visual connection between (for example) the medical clinic and the "History of Farmington?" If so, the desire for a "unifying design theme" for the entire development will be at least partially achieved. If not, 2 then the goal of a unifying design theme will not be achieved, in which case the development will probably look (to most) like it consists of two disparate sections: a "mini-downtown" area with historic-looking facades, surrounded by a collection of freestanding buildings that each have their own independent architecture, color scheme and building materials. City staff members are prepared to work with the developer and the owners of the freestanding "non-developer" buildings, in order to maximize the degree to which the planned features of the multi-tenant buildings can be incorporated into the other buildings in the development. All of the interested or affected parties have indicated a willingness and desire to do so. Ultimately, it is up to the City Council to decide whether the developer's proposed Design Theme Narrative will, when implemented, satisfy the City Code's requirement that the "Buildings and/or streetscapes in the Spruce Street Commercial District... shall reflect a unifying design theme... " At a minimum, City staff would prefer to see the Design Theme Narrative supplemented with an attachment that provides more detailed specifications regarding building materials - model numbers, style codes, names of manufacturers or suppliers, etc. - to reduce uncertainty regarding whether the exact materials proposed for the "Main Street" multi-tenant buildings will actually be incorporated into the other buildings, or vice versa. However, if the City Council is generally comfortable with the content of the current Design Theme Narrative, the Council could approve it with the understanding that it will be promptly amended by including specifications of the type referred to above. B. Landscape and Amenity Plans On July 5, 2005, the City Council approved the Vermillion River Crossings Preliminary and Final Plat with certain contingencies. One such contingency was that permits would be issued for construction in the development only upon the approval of a landscape plan that included acceptable design details for site amenity areas. The developer and City staff members have been diligently working on the plans since October of 2005. City staff members and consultants have made suggestions and recommendations as each successive draft of the landscape plan was submitted, in the interest of ultimately presenting the Planning Commission and City Council with a plan that could be quickly and easily approved. The final product (Exhibit B) addresses Phase 1 of the project. It encompasses design details for the boulevards along Pedersen and Knutsen Drive, the sidewalks and amenity area along Dushane Parkway, and landscaping within the parking lot located on the east side of Dushane Parkway. (It is important to note that all proposed commercial projects north of Knutsen Drive will provide their own landscaping, which will be reviewed by the Planning Commission at the site plan review stage). Any landscaping material(s) discussed in the following sections will be irrigated through the drip system (L070) that has been proposed by the developer. The Parks & Recreation Department reviewed the irrigation plan and has recommended the following: 1) control boxes need to be located outside of buildings for access by City staff, and 2) control boxes with quick couplers need to be installed within the sidewalk in order to water hanging baskets on light poles. This would eliminate the need to "hand water" the hanging baskets. The following information discusses the plans in detail. If a general "design element" is described or discussed in this memo, a sheet number will be included (such as a201). If a 3 specific "detail" is described or discussed, the detail number and sheet number will be provided (such as 12A/a201). 1. Street Design Pedersen Drive and Knutsen Drive will be striped for three lanes -- two driving lanes and a center lane used for turning movements. The driving lanes are 14 feet wide and the center lane is 12 feet wide, resulting in a total roadway width of 40 feet (Road "B"/aOlO). Dushane Parkway is designed with two drive lanes on each side of a 9-foot wide median strip (Road "A"/AOlO). The four drive lanes are each 14 feet wide, resulting in a total street width (including median) of 65 feet. Diagonal parking, similar to that which can be found in Farmington's existing downtown area, has been proposed for both sides of the retail area along Dushane Parkway south of Knutsen Drive. 2. Sidewalks a. Dushane Avenue, south of Knutsen Drive: The developer is proposing a detailed sidewalk design along Dushane Parkway south of Knutsen Drive. Although only the east side is shown on the plans, the west side will "mirror" the east side in a future phase. The sidewalk includes brick pavers (the developer originally proposed stamped concrete), scored concrete and an exposed aggregate "river" band (l/a020) that incorporates the design theme originally proposed. The brick pavers and scored concrete have been modeled after the City's Downtown Streetscape Plan where light fixtures (l/a021 & 16/a021), trash containers (2/a021 & 17/a021) and benches (3/a020 18/a021) are all surrounded by the pavers. The developer has also added brick pavers around the pedestrian ramps (3/a020). These sidewalks (and the comer amenity areas discussed below) will be included within the City's right-of-way, and will therefore be maintained by the City, if the City Council approves the proposed Vermillion River Crossings 2nd Addition plat. b. Dushane Avenue, north of Knutsen Drive. The sidewalks along Dushane Parkway between Knutsen Drive and CSAH 50 include the same brick pavers, scored concrete and the exposed aggregate "river" band (2/a020). These sidewalks are within the City's right- of-way and will be maintained by the City. c. Dushane/Knutsen Intersection. Brick pavers are also located within the intersection of Dushane Parkway and Knutsen Drive, providing a crosswalk pattern in the street (2/a020). The bricks will be installed as a herringbone pattern with a double soldier course banding installed on the outsides of the crosswalk. 3. Amenity Area Section 10-6-21 of the City Code, entitled "Design Standards for Spruce Street Commercial, Mixed Use and Business/Flex Commercial Districts," requires that certain "amenities" be provided in those particular zoning districts. The Design Standards in question were originally proposed by City staff and adopted by the City Council in order to help insure that new commercial areas would be visually appealing and would provide interesting outdoor spaces for 4 pedestrians, shoppers, employees and visitors to gather or rest, thereby avoiding the type of stark or sterile atmosphere that characterizes many "modem" suburban commercial environments. Part A(6) of Section 10-6-21 of the Code provides the following options for the required "amenity areas:" 6. Required Amenities: For each development, one of the following amenities per ten (10) acres of net developable land area shall be required and installed at the time of construction of the project. The amenities shall be highly visible, easily accessible outdoor focal points or gathering places for residents, employees, and visitors to the development site: (a) Patio and/or plaza with permanent seating areas; provided such patio or plaza has a minimum depth offifteen feet (15~ and a minimum total area of three hundred (300) square feet. (1) Pavers as required in the city standards shall be installed within the patio or plaza. (2) Patios and plazas shall include pedestrian amenities intended to support these places as gathering areas such as benches, water features, kiosks, etc. (b) Landscaped minipark, square, or green, provided such amenity has a minimum depth and width of fifteen feet (15~ and a minimum total area of six hundred fifty (650) square feet, and includes pedestrian amenities intended to support these places as gathering areas. The landscaped miniparks, squares or greens do not count toward the park dedication requirements. (c) Protected customer walkway, arcade, or easily identifiable building pass through containing window displays and intended for general public access. (d) Water feature, such as a pond or fountain, provided the feature is easily accessed by pedestrians and includes or integrates permanent seating areas for pedestrians. (e) Any other well designed area and/or focal feature that the city finds consistent with the intent of these design standards, and that substantially enhances such development and serves as a gathering place for residents, visitors, customers, and employees. In this particular case, the developer has proposed to meet the City Code's amenity requirement with a large (approx. 3500 sq.ft.) triangular plaza located at the southeast comer of Dushane Parkway and Knutsen Drive (a20 1). The exposed aggregate "river" bands that are incorporated into the adjoining sidewalks culminate at a circular design with three concentric circles, providing a plaza focal point near the intersection of the two nearby streets. The center circle has a radius of 4 feet and is comprised of exposed aggregate. This area could be used to display sculpture or other works of art, on a permanent or rotating basis. The next radius is 14 feet and is mostly comprised of brick pavers, with "spokes" of poured concrete. This larger area could potentially be used for live performances (musicians, jugglers, magicians, puppet shows, etc.), "sidewalk sales" or other outdoor activities. The outer circular area has a radius of 22 feet 8 inches and is banded on the outer edge with brick pavers. Scored concrete comprises the remainder of the circle. Seating will be located in the outer circular area and will include 4 benches, 2 planter/seat areas, and 3 tree/seat areas. The planter/seat areas (12A1a021) will feature annuals such as geraniums, petunias, lobelias, and allysums to create a variety of colors (L060). The tree/seat areas (12B/a021) will be planted with Spring Snow Crabs providing a white bloom in the spring (L060). The two overstory trees are Imperial Honeylocusts (L060), creating filtered shade throughout the plaza. The trees will be located in a square tree grate (9B/a02l), unlike any other tree grate in the project. Two trellis 5 structures (13A/a021) at 8 feet in height are also proposed for the plaza, providing additional shading. The trellis structures will be curved to emulate the circular area (lIa201). The trellis will be constructed of 8" x 8" rough sawn cedar posts topped by 2" x 6" and 2" x I 0" horizontal cedar timbers. A 2- foot tall brick base will provide the foundation for each of the vertical cedar posts in each trellis. Two bike racks (1l/a021) are proposed within the amenity area to provide locations for bike storage (lIa020). 4. Median Strip Planting A median strip is proposed throughout the length of Dushane Parkway (LOlO). The width of the median is 8 feet and the landscape area is 6 feet in width. A I-foot wide band of concrete is proposed on the east and west sides of the median in order to provide a "safe" zone from traffic for gardeners or cross-walkers (L040). The remaining 6 feet is proposed for shrubs including dogwood and spirea, and a variety of perennial plantings that will come back year after year (L060). Annuals were originally proposed for the ends of the median strips; however, the Parks & Recreation Department is recommending an alternate design as discussed below. The median strip planting design is divided into zones. The "A" zone encompasses the center portion of the median and provides for the most height in plant material with the North Star Spruce (L040). The "B" zones step down in height somewhat by providing a smaller number of spruce shrubs, along with spirea and salvia (L040). The "B" zones are on either end of the "A" zone. The "C" zones then provide the lowest height for plant materials including salvia and sage (L040). Additionally, this zone also provides a "river" curve through the Black Eyes Susan planting pattern. The "D" zone provides the end caps for the median strip. Annual plantings were originally proposed for this area. However, the Parks & Recreation Department is recommending that plantings be replaced with brick pavers so that the ends of the medians could serve as an area where utility vehicles and hand tools could be located while maintenance work is being performed on the landscaped portions of the median. The proposed pattern of landscaping "zones" will be duplicated in all of the planned and future medians on Dushane Parkway. Some of the median strips are longer than others; therefore, the median strip for the portion of Dushane Avenue located south of Knutsen Drive is shown with plantings in two additional "B" zones. 5. Street Trees Autumn Blaze Maples will line Dushane Parkway south of Knutsen Drive (L020 & L060). The maples will be located within tree grates surrounded by brick pavers (9A/a021). Northwood Red Maples will be located in the boulevards along Dushane Parkway north of Knutsen Drive (L023 and L060). Marshalls Ash (L060) and Northern Red Maples will be located within the boulevards along Pederson and Knutsen Drives (L020). All trees shall be planted 40 feet on center unless driveways or intersections require that they be placed closer together or further apart. 6. Parking Lot Landscaping 6 Trees proposed within the parking lot include Northwood Red Maples and Columnar Norway Maples (L060). The parking lot landscaping also includes a variety of shrubs such as winterberry, forsythia, and lilacs. All planting beds will be sectioned off with 3/16" steel edging between the planting beds and the adjacent grassy areas (L025 and L030) to prevent weed growth. 7. Lighting Streetlights will be staggered along Dushane Parkway and will be similar to the green streetlights that can currently be found in Farmington's core downtown area. The streetlights feature double hung globes (I 6/a02 I ). Banners or baskets hangers will be provided in a staggered configuration along the parkway. Single-globed lights will be located in a staggered configuration along Knutsen Drive. Cobra lights will be located at the intersection of Dushane Parkway and Knutsen Drive and at the intersection of Dushane Parkway and CSAH 50. Cobra lights will also be distributed throughout the parking lot. 8. Sign age The developer is proposing a 6- foot tall monument sign to be located at the plaza entrance (14/a201). The sign will be constructed of brick with an undulating stucco cornice providing the cap to the structure. The lettering material has not been described on the plans; therefore, staff will require the developer to submit a sign permit providing additional details for the monument sign. A sign permit application will also have to be submitted for the "main" entrance monument that will be located near CSAH 50. The developer proposes to locate it within the median strip at the north end of Dushane Parkway (2/a020); however, further discussion of its intended location will be necessary. 9. Electrical Plan The developer's contractor, Hunt Electric, has proposed an electrical plan to service the tree grates and planter boxes in the amenity area. The details for the electrical service are shown on 2/ESP2 and 3/ESP2. Receptacles for power at the tree grates will be set at 4" above the ground (next to the tree trunk) in order to provide outlets for holiday lighting. Power will also be supplied to each planter box within the amenity area to provide lighting of plants during evening hours. Staff has also suggested that power be located at the monument sign and in the trellis areas to light these design elements. ACTION REQUESTED 1. Approve the Design Theme Narrative, subject to the inclusion of any reVlSlons or modifications suggested or required by the City Council. 2. Approve the Landscape and Amenity Plans contingent upon satisfaction of Planning, Engineering and Parks & Recreation comments and requirements. 7 .1}]e;: /~Ysu/...ed;-.i - (e~L t- evin Carroll Community Development Director / -~A 1:...; C~~/ Lee Smick, AICP City Planner cc: Pedersen Ventures 8 VERMILLION RIVER CROSSINGS Design Theme Narrative March 1, 2006 VERMILLION RIVER CROSSING As one of Dakota County's oldest towns, Farmington, with its long and storied past, deserves development which reinforces and celebrates its rich history and unique legacy. There are two main themes which emerge that would be appropriate for the Main Street retail/ commercial buildings and public areas for the Vermillion River Crossing development. 1) History of Farmington The town always had, and continues today, to have a strong heritage and identity with "Main Street". There is a tradition of Farmington street fairs along with the preservation of such architecturally significant buildings as the Farmington State Bank Building, the Masonic Temple Building, the Fletcher Building and the Exchange Bank Building. The spirit and appeal of Farmington is captured in Grace Noll Crowell's notable poem with its opening line "Little, lovely, friendly town. . ." 2) Vermillion River The winding and rambling Vermillion River has been a cherished part of Farmington's identity. As a haven for brown trout, the river has played a key role in the town's recreation from fly-fishing to the scenic walking trails which follow and cross its path. Even when the health of the Vermillion River was in jeopardy, it is the community which rallied to remedy the problem and reaffirm their relationship with the river. It is this pride and connection with the town and the river that makes Farmington unique and memorable. In an effort to celebrate and pay homage to this legacy, the Vermillion River Crossing development is proposing the inclusion of imagery, materials and amenities which are consistent and sympathetic with these two themes. This concept is presented with the ideals that future tenants in this development will further contribute and pursue these themes through their designs and construction. In particular, the out-lot areasl Page 1 of 3 would include at least 20 percent of their exterior with such materials as brick, stucco and stone similar in style, texture and color as the Main Street facades. Selected architectural elements, such as doors, windows, lighting and signage would be sympathetic to the historic theme, and any additional public art is welcomed with the hopes of using the river and main street theme as its inspiration. The Main Street retail and commercial avenue is lined with "faux" two-story structures reminiscent of Farmington's historic buildings. Each building would include at least two of the following design features (See Exhibits A-G): · red, pink, or tan brick masonry or stucco. · stone veneer. · precast window sills and flat or arched lintels. · upper floor windows styled as single or double hung windows. (These are characteristic of residential or office spaces which typically were located above Main Street's retail ground level.) · traditional cornices, window shutters and historic wall mounted lighting fixtures. · curved canopy. (This feature protects visitors from the elements, and also has a gesture and form suggesting the movement and image of the river.) These combined elements give Main Street a scale, texture and ambiance consistent with Farmington's past. The river theme is pursued further in the center median through the use of serpentine and wave-like configurations of wild grasses and plantings. The public area on the north east corner of main street provides a covered arbor surrounding a paver and exposed aggregate space. The "River" begins its journey at this location and continues to the north, south and east. Throughout the public areas, the paving and amenities further enhance the established themes. Concrete with a traditional pavers are juxtaposed with Page 2 of 3 the"wavy" exposed aggregate concrete "River". This paving ensemble creates a matrix at the corner public areas to facilitate organization of seating, landscaping and other amenities, and also continues as the sidewalk down the main avenue with trees and lampposts to complete the historic fabric of the street. River iconography is introduced through the exposed aggregate and monument sign. The entire design concept for the Vermillion River Crossing development with its palette of materials, colors and imagery would be a fitting tribute to the legacy of Farmington. Hopefully, this conceptual approach would lead to an appreciation and understanding of the unique qualities of Farmington, and ultimately become an enjoyable and memorable experience for its visitors. Page 3 of 3 o ~M.l --+-t.l -+- ~ -+1.' T--~~ ~41N ~:r~e~; EL~VAT.?1N . ''''' 'II ,1_C -+~_+- ~~1 -+I&I-+-~~ ~ o ~-~l~-T -......~-~ ~T,A.L eL.~\(.A"T"'N , ~.ll -I.' .. ..., - ~-lef. I JII - - Ml>t. ~ MAIN ELEVATIONS Exhibit A Vermillion River Crossing o t@k " architecture specialty millwork virtual vision project management 1 I 8 E. 26th Street Suite 300 Minneapolis, MN 55404 P:612-879-8225 F:612-879-8152 www.tanek.com o o o MAIN BUILDII'--J~ ., 'It' 1/ I'.,. ""~, ~,e. ,...,... ---. - - WJl~ ,...\..It4oIf - 4r>>we ~ II t_ I ''''J'!- ~4 ...........,~ __ "-Tue:uj~I'" ",,"" L ....." rr "'~.T ""-t. ~ .-#f.~'wrrw,.~~' ~~.r-- BUILDING ELEVATION Exhibit B Vermillion River Crossing t@k architecture specialty millwork virtual vision project management 118 E. 26th Street Suite 300 Minneapolis. MN 55404 P:612-879-8225 F:612-879-8152 www.tanek.com r 110 o o e~~ ~~t.A_ 4 ~.Il.Jj.J~ "'T_ T 13' _p"lJ -- - - ~T"". .fTIIl.. " ....... ---- "'1J!TAoL. 41"'N~ - ~~""'lJf~-r~c~ c~~ -- ~II~ ~.~ l..D&j. ~ 2. I&2. BUILDING ELEVATION Exhibit C Vermillion River Crossing t@k architecture specialty mil/work virtual vision project management 118 E. 26th Street Suite 300 Minneapolis. 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"'. r' 11 I i~:~ .. .(;,.j. .. i :.:.: - ~ ~- Il ~~.;,y ,.,.......{......,;l ~ I" b "',,,~ -j"': : · - u'" "e I .:::. ~ ~ IT bT,.. ~ ?c e 'I i V~wN( ,; ,..~ i ~ ! i ; I .~...'.,~ '~ ~~~-"Uu !: r\0r--, j g ; :l .~........ ..... "'i;i~~ J ~ i .~ I;! !$.' _~;. :)---!! I ~,~r0 III [~L02N05] :;~:L7I~:;;~~R CROSSINGS I \ ,~NGT1Il. HDH:SIIT~ e ~ ~ I~~ " ili l" \1/ IIi ...... ... -.. -- .... -- - ...- -- - -- - -- OUTDOOR ENVIRONMENTS INC. J2488 XLNIICC/D A VE:ME SOUTH SAVAGE:. HN ~78 PARA ..OUNT ENGINEERING 8. DESIGN 1<<0 ARtAlE SlIlIIT . SIJIl[ i!OO. ST. PN.L, IIIIfCIITA rNl. (IS) ~ C6SD m-t544 lJ'JNF:R/DEVELllPER VERMILLION RIVER CROSSINGS, LCC 14831 ENERGY VlAY APPLE ,VALLEY, MINNESOTA ----.-.---.0-... .<io '''1 t:. ~~ '" n l> r fT1~ ."":~ IIII 6.0 d QoC)~ ~ ) ) ) ) IIIHllpll1!l ~~~~ ~~~~!! i i i i mill ~ ~ ~ ; ; T~/1 f;; (~~.~:.:~ ~c "'I{' IT~) ~ ~ ~.. ::j; D e :: =t) :::io ...... :: v>) .... n ~ ~ +:~ ^ ~,,~ rb - g ~ :h--~~ ~;;o .... :: I-i :::: < .c. .... ., ~_ :::: ria E ~ "'- :. 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PM.l, MDHSDT~ rAX C6:IU 77~ (65J) m....... -- ... ---....- .... ......- - ..- - -- -- -- OUTDOOR ENVIRONMENTS INC. 12488 XENWDDD A V~ SDUTH SA VAG[', HN 55378 .. .-..-.... ,.. _c_ l.) D C -l I D -l tj ~~ ........ Xl w...... 0/0 .. ro~ .. ...... XW 1-"1 00...... .. ,. .. ~ !~ ~ ~ .. 5x I -<f\) CJ'I '~ ~ .. ~ g (Q ~~ i ~ e ~~ 5 ~I iI i.; ~ I~ ~ 'I! ~ e ~ 'I ~ i ~ ij i I I ~ 0$<;)8 @O ~ H~~P~ lilli!, 2~~IEe ~ ;: .. e a ~ ~Ieexi~ q!iP~ ll!lll~ ~ ! ~ 'I! g ! i · q ~ 8 I IIII ~.a d o.o~ ~ ) ) ) ) 1111111 pum 5555 III~!~ Hii mm ~ ~ ~ ; ; 0..0 ~II p~e ~ I~~ III" I ~ JEEI ; iI!11 I;a~ ~~~: ..~.. ~e~ g e r 1'1 Cl 1'1 Z t::l 'I! ~ ~ Vl n :0- r 1'1 __.~~ o~~ I N "i! I I I I i~ [mmaL02:] ~:~L:~~::~~R o CROSSINGS FARHINIiTDl. MlNNESlJTA --- -- lI'oINER/IlEVELIPER VERMILLION RIVER CROSSINGS, LCC 14831 ENERGY VI A Y APPLE VALLEY, MINNESDTA PARA ..OUNT ENGINEERING &. DESIGN 1440 HlCAJ[ STREET . sum: 200' ST. PML MIII€SllTA rAX C6SI) 776-S5tt C6SI) m...a544 (~) r..W/O :Z:CJ'I(j\ ...... .. 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Damon Farber Associates Landscape Architects Urban Designers and Site Planners December 2, 2005 Mr. Dick Allendorf Pedersen Ventures 14831 Energy Way Apple Valley, MN 55124 RE: Vermillion River Crossings - Landscape Plan and Amenity Areas Dear Mr. Allendorf: City staff members have requested that I provide you with some additional information and suggestions regarding the work that you and your consultants are doing in connection with revisions to your Landscape Plan and revised plans for the Amenity Areas. This information is provided as a follow-up to our meeting at City Hall on November 14. 2005. The City of Farmington is eager to make the Vermillion River Crossings development a destination place for its citizens and neighboring communities. The character of Vermillion River Crossings should be welcoming and should incorporate visual aesthetics, inviting pedestrian scale elements, and historic character as part of a cohesive community. At this point City staff members are interested in seeing more specifics and a generally higher level of detail in any revised drawings and plans that your development team may currently be preparing. They would also like you to continue to study the possibility of incorporating the "river" pattern as part of the overall concept to capture the essence of the project's narrative. They understand the budget implications of using brick instead of stamped concrete, but they also believe that it can be done in a cost-effective manner. We recommend that you include the following types of drawings and illustrations in your next submittal, in order to help City staff, the Planning Commission, the City Council and interested residents better understand your design intentions: 1. For Overall Design: . Provide a plant palette and a final materials and site elements palette. See Examples A and B. 2. Streetscape/Frontage ofBuilding(s): . Use a plan view area that shows (at 20 scale, minimum) the planting plan and pavement design, incorporated to the frontage of buildings. It doesn't need to be the entire length of the building frontage, but it should show enough to clearly indicate the character of the pedestrian space. Please see Example C (shown at 10 scale). 923 Nicollet Mall Minneapolis, Minnesota 55402 phone 612.332.7522 fax 612.332.0936 Page 2 . The pavement design should include scoring patterns and intended materials as they integrate with site furnishings (bike racks, benches, trash receptacles, bollards, lighting fixtures, arbors/trellis, planters, tree grates, ornamental fences, etc.) See Example D. . Describe what these elements are, as shown in Example E. . Cross-section showing profile of building(s), site amenities, vegetation, and median(s). Please see Example F. 3. Landscaped Medians: . Plan view of the planting plan revised per following comments: City staff would like to see year-round interest per plant palette. Please use more variety of species in medians. Also, consider allowing space at noses of medians for annuals and a strip of concrete or pavers along the back of curb for a cleaner look and more efficient maintenance. See Example G. . Include location and design of any elements (signage, public art, etc.) included in medians. 4. AmenitylPlaza Areas: . City staff appreciates the revised layout for the comer amenities. They feel that significant progress has been made, but that a greater effort needs to be made to incorporate more vertical elements were there is a lot of bare hardscape. Consider the use of planters for annuals and to make the intersections more interesting. . City staff members are concerned about the possible appearance of the proposed concrete seating. Please be more specific about the design of these elements, and the methods that could be used to deter skateboarders from damaging them. . Include a revised plan layout showing scoring patterns and hardscape materials. . Include a cross-section of the amenity plaza showing all the site amenities, including more specifics regarding the intended materials for the trellis/arbor. Please see Examples H and I. 5. Additional Locations and Design of Amenities. . Include a plan view of proposed seating areas beyond the spaces mentioned above. . Provide more detail regarding proposed signage and way finding elements, which should help clearly identify the character of the development. See Example J. Please feel free to contact me and/or City staff if you have any questions regarding the topics addressed above. Thank you. Ana Nelson Damon Farber Associates 923 Nicolle! Mall Minneapolis, MN 55402 p. 612 332 7522 f. 6123320936 Damon Farber Associates City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminrton.mn.us January 6,2006 Mr. Dick Allendorf Pedersen Ventures 14831 Energy Way Apple Valley, MN 55124 RE: Vermillion River Crossing - Landscaping Plans Dear Mr. Allendorf: Thank you for the landscaping plans that were delivered to City Hall at 4:30 p.m. on Wednesday, December 21,2005. Significant progress has been made, and we commend you for that. However, the Planning Division and the Engineering Division have both determined that the plans are incomplete in certain respects. Revisions will be required before the plans can be presented to the Planning Commission members for their consideration. The Planning Commission has been very clear about its desire to formally consider such plans only when City staff members have determined that the plans are sufficiently complete to justify a final review by the Commission. This letter will be accompanied by an Excel spreadsheet that summarizes the comments of the Planning Division of the Community Development Department. I have also enclosed a letter from City Engineer/Public Works Director Lee Mann dated January 6, 2006, which summarizes the Engineering Division's comments. In the interest of enabling you to begin work on the required revisions as quickly as possible, these summaries were prepared more quickly than usual. Our typical 3-week submission deadline provides us with fifteen business days to complete such comments, but in this instance the late submission of the plans and three intervening City holidays reduced the comment period to nine days. Accordingly, we reserve the right to make additional comments if it becomes apparent that any important issues were missed during the initial (accelerated) review. In order for the landscaping plans to be considered by the Planning Commission at its meeting on February 14, 2006, your revised plans must be received at City Hall by 4:30 p.m. on Monday. January 23. 2006 to allow sufficient time for review by City staff and consultants. If the revised plans are determined to be sufficiently complete, they will be placed on the agenda for the February 14 meeting. If the revised plans are still incomplete, you will be provided with additional comment letters as quickly as possible so that you have an opportunity to submit another set of revised plans in time for the March 14 Planning Commission meeting. We would like to elaborate on three aspects of the written comments that have been provided by the Planning Division. First, an important component of the unifying design theme that you originally proposed was the incorporation of a "river theme" into the sidewalks along both sides of the central north/south road. You initially indicated that you intended do so by using "wavy monolithic blue stamped concrete." We responded by indicating that our expectation from the beginning was that the design and appearance of the sidewalks in question should generally reflect the existing downtown sidewalks, which do not include any colored or stamped concrete, and which largely rely on attractive patterns of paver brick. Public Works staff members and others expressed concerns regarding durability, maintenance and aesthetic issues related to the use of stamped or colored concrete. We encouraged you to try to retain the "river theme" by incorporating it into the sidewalks through the creative use of pavers, or in some other manner. However, the plans that were submitted on December 21 were devoid of any "river theme" elements within the sidewalks. If you are unalterably opposed to using paver brick to incorporate a river theme (presumably due to cost considerations), City staff members believe that a more economical alternative would be to use a curving band of exposed aggregate within the sidewalks. If "visual accuracy" is important, the color and pebbly texture ofthe exposed aggregate would actually look more like the bottom ofthe Vermillion River than blue stamped concrete, and would complement the other sidewalk components (pavers and "regular" concrete) better. Attached to the Planning Division's comments dated January 6,2006 you will find two documents that provide more information about this option. Figure 1 a shows how the aggregate band could be incorporated into the sidewalk design. This is for illustration only - we are not suggesting that it be duplicated exactly. Decisions would have to be made about design details such as the width ofthe band (standard or variable?), the degree of curvature, and the placement of the band within the sidewalk (to avoid benches, trash receptacles, bike racks, etc.). Figure lb provides the MnDOT specifications for the creation of an exposed aggregate finish. Knowledgeable sources have informed us that the exposed aggregate effect would be relatively easy and inexpensive to achieve. If you believe otherwise, please let us know so that we can continue to jointly explore other options. Second, the current set oflandscape plans lacks sufficient detail in many respects. Ana Nelson's letter to you dated December 2,2005 (an additional copy of which has been enclosed) and the attachments that accompanied that letter (Exhibits A though J), provided specific examples of the required level of detail. Prior to Ms. Nelson's letter, City staff had provided your consultants with copies oflandscape plans (for various new commercial areas) that had been submitted to and approved by other cities. Our goal was the same as Ms. Nelson's: to help remove any doubt or uncertainty regarding the minimum requirements of a landscape plan submittal that would warrant Planning Commission review. Attached to the Planning Division's comments dated January 6, 2006 you will find two new documents (Figures 3 and 4) that once again demonstrate the level of detail that we are seeking. Construction plans cannot be reviewed in any meaningful way unless or until we have a better idea of what you intend or propose to build. Figures 3 and 4 are specifically related to the proposed seat/planter areas and the trellis, both of which (to date) are notably devoid of any useful specifics, but it should be emphasized that the desire for more detail is not limited to those two items. Third, we have taken some extra initiative (as more fully described below) with regard to the landscaped medians, because that is an area where progress has been particularly slow. We do not want unresolved median issues to delay the approval of the overall landscaping plan, in part because we advised you at least four months ago that we could not effectively review site plans for individual lots in the absence of an approved landscape plan for the entire area that has been platted. It currently appears that several prospective purchasers will want to have the Planning Commission review site plans as early as next month. Your original proposal for the medians involved "wave-like configurations of wild grasses." City staff and our consultant expressed reservations about the lack of variety (i.e., nothing other than grasses was used, and only three varieties of grass), long-term maintenance issues, and the fact that the medians would offer nothing of visual interest during the eight months when the grass would not be growing. The next proposal (the one reflected in the latest set oflandscape plans) saw the pendulum swing to the other end of the variety/quantity spectrum. City Planner Lee Smick has indicated that the north median, which is the smaller of the two, included 20-24 different species of plants and somewhere between 700 and 800 individual plants. The two medians together (including the planting areas for annuals on the ends of the medians) included a total of nearly 2400 individual plants. While the latest landscape concept for the medians certainly addresses the "variety issue," it does so in a way that significantly increases initial installation costs and long-term maintenance obligations. Many of the 2400 plants in question would not survive the first winter, and would have to be replaced during the following spring (presumably at City expense), and perhaps every spring thereafter. Moreover, the first two medians will not be the only medians in the development; several others will eventually be constructed as the project moves south toward the Town Square. The first two will "set the stage" for those that follow, so we need to be cautious about the possibility of an incremental escalation that ultimately results in landscape maintenance obligations that the City cannot reasonably fulfill. Finally, the latest landscape plan for the medians doesn't effectively address our previously-expressed desire for something that has year-round visual appeal. The plan is light on evergreens (only two in the north median, for example) and colorful shrubs that could be seen above snow cover, and heavy on lower-lying plants laid out in a zigzag or herringbone pattern that probably could not be discerned during the winter. For the reasons outline above, and in the interest of expediting this matter, we recently asked the City's landscape consultant to draft a landscape plan for the medians. You will find it attached to the Planning Division's comments dated January 6, 2006 (Figure 2). Compared to your latest concept plan, this proposed plan has about half the number of species and half the number of individual plants. We believe that this plan reflects enough plant diversity to be visually interesting without creating unreasonable installation or maintenance obligations. It includes more evergreens and taller shrubs in a column down the center of the median, to provide a clearer border between the northbound and southbound traffic lanes that will retain its functionality and aesthetic appeal through the winter. The "C" portions of the medians include an undulating or wave-like planting pattern that incorporates the "river theme" that was discussed above. In short, this plan is one that City staff could recommend that the Planning Commission accept or adopt, and we believe that they would find it acceptable. You are welcome to incorporate this median plan into the revised landscape plan that you submit later this month. If you choose not to do so, we would then encourage you to schedule another meeting with City staff and our landscape consultant to discuss this matter before you prepare or submit another landscape plan for the medians. As always, City staff members and the City's landscape consultant will be available to meet with you and/or with any members of your development team at any mutually convenient time to discuss any aspect of your landscaping plan. We would very much prefer to receive a revised landscape plan on or by January 23,2006 that is consistent with the enclosed Planning Division and Engineering Division comment letters, and with the other advice and direction that we have offered during the last four to six months. rfwe do, we will recommend that the Planning Commission approve it on February 14, after which your development team, City staff members and future Farmington businesses can all shift their attention to the site plans for the lots that you have sold (or are in the process of selling). Call me if you have any questions or comments, or if you'd like to schedule a meeting. Thanks. Community Development Director cc: Bob Wiegert, Paramount Engineering Nathanial Shea, Tanek & Associates Matthew Wenthe, PCL Construction Bob Pitner, Pedersen Ventures Robin Roland, Acting City Administrator Lee Mann, Director of Public Works/City Engineer Randy Distad, Parks & Recreation Director Lee Smick, City Planner Tony Wippler, Assistant City Planner Tina Schwanz, Economic Development Specialist Ana Nelson, Damon Farber Associates File City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmingt:on.mn.us January 31,2006 Mr. Dick Allendorf Pedersen Ventures 14831 Energy Way Apple Valley, MN 55124 RE: Vermillion River Crossing - Landscaping Plans (Revised) Dear Mr. Allendorf: Thank you for the revised landscaping plans that were delivered to City Hall at about 4:30 p.m. on Monday, January 23,2006. We appreciate your development team's willingness to make a number ofthe changes that City staff had previously recommended. We especially like the way that you've used the exposed aggregate "river" motif to physically connect the pedestrian ramp on the south side of the project with the triangular amenity area located further to the north. We also like the fact that you've extended the motif even further northward, to the sidewalk located between the east/west street and CSAH 50. We have attached additional Planning Division comments dated January 30, 2006. The "figures" that are referred to in the Planning Division comments appear in the two attached .pdf files. Most of the revisions that we are proposing are relatively minor "housekeeping" items that fall generally into one or more ofthe following categories: 1. Revisions that we previously requested, but that have not yet been made. (Examples: showing the River Birch as 3+ stemmed clumps in the plant schedule; using a scale of 1 "= 1 0' for elevation views of center median and buildings.) 2. Levels of detail that have been requested, but not yet provided. (Examples: dimensions and related specifications regarding trash receptacles, benches and bike racks; color and related specifications for paver bricks; missing quantity figures for certain plant materials. ) 3. Internal inconsistencies between various pages or portions of the landscape plan. (Examples: photos of plant materials that are no longer part of the landscape plan; elevation views of buildings and amenity areas that do not depict the same types of trees that are shown in the plant schedules.) 4. Consolidation of information into more usefulformats. (Examples: having all of the plant materials in one schedule, on one page, rather than having them spread over three separate pages; elimination of the black-and-white building elevation views, which are unnecessary given the presence of the color renderings.) However, there are a few remaining issues that go beyond the "housekeeping" variety. We'd like you to consider making more substantial revisions in the following areas: 1. Concrete seating/planter areas. Ana Nelson's letter to you dated December 2,2005 included the following statement: "City staff members are concerned about the possible appearance of the proposed concrete seating." We provided you with copies of specifications for outdoor seating areas in other communities that have been constructed with veneers of granite or other types of stone. Although your revised landscape plan provides some dimensional information that was previously missing, it appears that the seating/planter areas are still composed entirely of concrete. We believe that Planning Commission and City Council members may find them somewhat stark, unimaginative, unattractive, and/or inconsistent with the higher-quality design elements and building materials that are likely to seen in the adjacent buildings. In short, the seating/planter areas are not fulfilling their potential as the most visible and prominent "amenities" in the comer amenity areas. We encourage you to consider upgrading the construction materials, design and appearance of the seating/planter areas. 2. Monuments and signage. Your plans show two monument signs: one at the north end of the median, and the other in the northwest quadrant of the comer amenity area. (Weare assuming that another monument sign is planned for the comer amenity area on the west side of the north/south road.) Further clarification regarding your intentions would be useful. First, Detail 14 on Page a021 suggests that all of the monument signs will be identical, although Detail 2 on Page a020 indicates that the median monument will be straight and the comer monuments will be curved. Second, we are wondering if you plan to have a monument located near the easternmost (right in, right out) entrance; your plans don't currently show one. Third, our staff assumption had previously been that the median monument might incorporate signage related to your major businesses, or that it would at least be designed in a manner that would give you the option of incorporating such signage in the future. That doesn't currently appear to be your intention. We're not suggesting that you must do so -- opinions probably vary in that regard - but we just want to make certain that you've considered and intentionally rejected that possibility. Finally, there is a chance that Planning Commission and City Council members might have been hoping for a more appealing style of entrance monument. The one that's shown in the landscape plan is basically a rectangular brick wall with somewhat bland lower-case lettering. It's the type of thing that can be found almost anywhere. It doesn't clearly incorporate or reflect the river theme that is found elsewhere in the development. We encourage you to consider modifying the entrance monuments to make them more interesting and distinctive. Our hope is that changes of the type referred to above can be made and submitted to City staff by 12:00 noon on Thursday, February 9, 2006, so that we have enough time to review them and get copies of them into the packets that will be prepared that day for the March 14, 2006 Planning Commission meeting. If the changes in question are not made and submitted by February 9, there is a significantly greater likelihood that the Planning Commission will either (a) continue the discussion of the landscape plans to the Commission's April II meeting, or (b) recommend that the City Council not approve the proposed landscape plan. This letter and the attached document are limited to Planning Division/Community Development Department comments. The Engineering Division is working on a separate set of comments, which will be probably be forwarded to you within the next day or two. You will also receive a separate letter from the Community Development Department within the next 48 hours regarding the "unifying design theme" topic, in part because recent and anticipated changes to the landscape plan may necessitate corresponding revisions to the design theme information that you previously submitted. Call me if you have any questions or comments. Thanks. e in Carroll Community Development Director cc: Bob Wiegert, Paramount Engineering Nathanial Shea, Tanek & Associates Matthew Wenthe, PCL Construction Charles Colvin, Outdoor Environments Inc. Bob Pitner, Pedersen Ventures Robin Roland, Acting City Administrator Lee Mann, Director of Public Works/City Engineer Randy Distad, Parks & Recreation Director Lee Smick, City Planner Tony Wippler, Assistant City Planner Tina Schwanz, Economic Development Specialist Ana Nelson, Damon Farber Associates File Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA CITY COUNCIL/NEWLAND COMMUNITIES WORKSHOP FEBRUARY 28, 2006 5:30 P.M. CITY COUNCIL CHAMBERS 1. Call to Order 2. Approve Agenda 3. Introduction (5 min) 4. Newland Communities Vision - "We Love Creating Incredible Places to Live" (20 min) a) Master Planned Communities Defined - Newland Style Handouts: Newland Fact Sheet Connected Communities - Technology Guide Master Marketing Program Sustainable Development through Greener Building b) Astra Genstar Land Partnership Guiding Principles for Land Development (10-15 min) 6. Farmington's Big Picture Approach for this Property (20-30 min) a) Transportation b) Land Use - Commercial, Park/Open Space, School, Residential c) Community Service Uses d) Environment 7. Empire Property - "What has Newland Been Doing the Past 18 Months?" (10-15 min) (Broad - Discuss in list format noted below, limited details) a) Site Analysis/Evaluation b) Market Analysis - Demographic, Consumer Research, Focus Groups c) Consultant Selection d) Envisioning/Community Start-Up Process - Community Cornerstones e) Community Outreach - Public Focus Groups 8. Milestones (10 min) a) Accomplishments b) Moving Forward 9. Adjourn PUBLIC INFORMATION STATEMENT Council workshops are conducted as an informal work session, all discussions shall be considered factfinding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. Newland Communities/Seed Property Farmington, MN February 28, 2006 "We Cove creating incredi6fe pfizces to live. 11 :Newfil1uf Communities - 'Virion Statement ~ Newland ~. COMMUNITIES Topics of Discussion 1. The Seed, Astra, Genstar, Newland Communities Property... How does is really work? 2. Master Planned Communities.. .."Newland Style" 3. Guiding Principles for Developing the Land 4. Defining the Big Picture - Council Perspectives 5. What has Newland been doing the past 18 months? 6. Moving Forward . ~~~!~~g' 1 The Seed, Astra, Genstar, Newland Communities Property....How does it really work? 1950s - Seed Family invests in Empire Township, Farmington. Apple Valley and Rosemount land while partnering with area farmers to maintain livestock and agricultural activities on that land. 1987 - Nationally, management of Genstar Land Company Southwest formed The Newland Group, Inc., and entered into partnership with American General Realty Investment Corporation (AGRIC). The partnership acquired 19 master-planned communities and land projects across the United States. 1991 - Locally, and not yet associated with a national company. the Dufferin Development Company was formed. 1993 - Partnership with AGRIC was dissolved and Newland Associates was formed. The new company received allocations from the California Public Employees Retirement System (CaIPERS) to invest in new residential community projects in California. 1993 - Separate from Newland Associates, the Dufferin/Seed Partnership was formed between Dufferin Development Company and The Astra Projects (manager for Seed Trust land interests). ~ Newland' Ilil. COMMUNITIES '('_,,':,..,"""""'-'<.I<i,';''''I'''.''; The Seed, Astra, Genstar, Newland Communities Property....How does it really work? 1995 Genstar Land Company acquired Dufferin Development Company and its portfolio. Dufferin Development Company became Genstar Land Company Midwest and the DufferinfSeed Partnership was renamed to the Astra Genstar Partnership. 1998 - Newland Associates changed its name to Newland Communities and received additional CalPERS allocations. 2000 - Newland Communities purchased all of Genstar Land Company. The assets of Genstar Land Company included projects nationwide, and particularly, the "SeedfGenstar" land in Empire Township. With this purchase, Newland Communities became the managing partner of the Astra Genstar Partnership assets. The legal partnership name (Astra Genstar) was retained and remains active within the Newland Communities portfolio today. 2003 - Newland Communities acquired Terrabrook, which established Newland as the largest master-planned community developer in the nation. . I d' New an COMI.,.tUNITIE.S 2 Master Planned Communities... "Newland Style" "Our master-planned communities are designed from the beginning for the aesthetic use of the land's contours, incorporation of natural features and open space, maximum access to views, compatibility of architectural styles, concern for personal safety, and ease of resident movement within the development. " 1811 Newland II. COMMUNITIES Master Planned Communities... "Newland Style" · Master Planned Communities · Connected Communities/Technology Initiative · Lifelong Learning Begins Right at Home · Sustainable Development . Master Marketing Program · Comprehensive Home Owner's Association · Architectural Controls Related Packet Contents Newland Communities Fact Sheet Connected Communities Technology Guide Master Marketing Program Sustainable Development through "Greener Communities" 1811 Newland' Ii. COMMUNITIES 3 Guiding Principles for Developing the Land . PAY its own way, and more, helping provide a high quality of life for it residents and the surrounding community. . PROVIDE homeownership opportunities and "quality of life" benefits for existing and future Farmington residents and their families. . PRESERVE key habitat/conserve natural resources and PROTECT the local character of the community. . Form PARTNERSHIPS that honor Farmington's past while focusing on its future. .. Newland .. COMMUNITIES Defining the Big Picture - Council Perspectives Transportation · 195th Street Extension · Highway 3 Improvements · Diamond Path Land Use · Residential Densities · Commercial Uses · Park/Open Space .. Nevvland iii. COMiV1UNlTlf5 4 Defining the Big Picture - Council Perspectives Community Services · Community Center · Elementary School · Fire Station, Watertower Environment · North Creek · Wetlands, Floodplains, Slopes IDII Newland' 11_ COMMUNITIES What has Newland been doing for the past 18 months? . Site Analysis Community Assessment Market Research/Analysis Envisioning - Community Cornerstones Team Assembly Community Outreach . . . . . IDII Newland 11_ COMMUNITIES 5 COMMUNITY CORNERSTONES -Village- Emphasis towards Small Town Uniqueness: Town Square; Pedestrian Connectedness and Scale; Neighborhood Hub -Innovative, Authentic Architecture- Emphasis Towards Small Town Eclecticism; Choice, Quality; Value-Added, Classic and Historical, yet Innovative -Intellectual Enrichment- Emphasis towards Personal Growth & D!:velopment: History; Nature; Schooling/Education; Technology; Arts -Wellness- Emphasis towards Recreation: Trails; Community Gardens; Park and Natural Open Space; Sense of Retreat: Holistic Life Balance Workshop Summary ~ Newland ~. COMMUNITIES Milestones 1999 - Orderly Annexation Agreement between City of Farmington and Empire Township 2001 - 250 Acres of MUSA Approved for Property by City Council, upon annexation January 2004 - Alternative Urban Areawide Review (AUAR) Approved October 2004 - Robert Charles Lesser & Company completes Market Research Analysis for Newland Communities November 2004 - MUSA Committee establishes future MUSA allocation recommendations for the property and City Council approves recommendations February 2005 - Newland Communities conducts Envisioning Work Session May 2005 - City of Farmington begins 195th Street Feasibility Study December 2005 - Annexation Approval of 520 Acres January 2006 - City Council Approves 195ttl Street Feasibility Study February 2006 - City Council Authorizes Design for 195'11 Street ~ Newland' ~_ COMMUNITIES 6 Moving Forward Local Vocal Outreach Present orientation package to other Commissions Concept endorsement from Newland Principals and Land Partners in March Present Conceptual Land Plan to Staff in April Present Conceptual Land Plan at joint workshop with Electeds/Appointeds in early Spring Complete AUAR Update in Early Spring .... Newland' __ COMMUNITIES Moving Forward Work through Master Concept Plan Approvals (Public Hearings) in Late Spring/Summer 2006 Conduct Internal Strategy Sessions related to Technology, Builders, Commercial, Model Village in Spring 2006 Authorize Bids for 195th Street Construction and Begin grading in Summer 2006 Continue with consecutive Preliminary/Rezoning/Final Plat process following Master Plan Approval in late 2006 and into 2007 Begin site infrastructure construction for 195th Street in Spring 2007 Begin site construction in Summer 2007 Continue Phase I construction in Spring/Summer 2008 for Fall 2008 Grand Opening . ~~~!~-~g 7 Newland Communities/Seed Property Farmington, MN February 28, 2006 "We linJe creating incredi6fe pfaces to live. II NewfatUf Communities -1ision Statement 1811 Newland' ~. COMMUNITIES Appendix - Site Analysis/Evaluation . Topography/Steep Slopes . Lowlands/FloodplainlW etlands . Canadian/Union Pacific Rail and Switching Lines . High Water Table . Northern Natural Gas Easement - Dual High Pressure Gas Lines . Williams Pipeline Petroleum Easement . Restricted Access on County and State Roadways . North Creek Corridor . School District 192 . Annexation Agreement . MUSA Allocation . Entitlement Process . Alternative Urban Areawide Review . Feasibility Study for 195th Street . ~~~J~~g 8 Appendix - Market Research/Analysis · Economics · Demographics · Housing Market · Competitive Market · Consumer Research IRII Newland II. COMMUNITIES Appendix - Market Research/Analysis . Projected regional housing and development conditions are excellent for the next decade. . Economic growth will be steady, but moderate. . Dakota County growth is expected to have peak activity during the next decade. . The family buyer (new and growing families) will be the largest market segment in Dakota County. . 31 % of those surveyed expressed an interest for the MPC Concept in Farmington. . Emphasize movement patterns through the community with multiple access points. IRII Newland' II. COil.1J\lllNITIES 9 Appendix - Market Research/Analysis Consumers expressed an interest in a mix of densities and a variety of architectural styles. Typical house size and price range: 1,700 2,700 sq. ft at $250 - $500,000 Primary market - Classic first-time buyer and the move-out/first move-up buyers Secondary market - Upgrade buyers looking for value and investment opportunities as well as a setting with character, community and lifestyle. VALS (Values and Lifestyles) Target Segments: Thinkers, Achievers, Innovators ( http://www.sric-bi . co mN ALS/presu rvey .shtml) ~ Newland' Ill. COMMUNITIES Landown~~ kn Seed, Astra Ventures - Seed Trust (ProVldence. RI) Jonas Seed, Astra Ventures - Seed TnJst (Providence, Rl} Adam Seed. Astra Ventures - Seed Trust (Providence. Rl) Newland Communities Brian Laidlaw, Midwest Region President (San Diego) Chris Enger, SL Region Vice President (Minneapolis) Knsta Flemmmg, Vice President of Operations - Empire (Minneapolis) Gina Nixon, Vice President of Marketing (San Diego) Sheliy \^/hite, Vice President of Operations Stonernill Fmms (Minneapolis) Emily Traficante, Executive Vice President of Marketing (San Diego) Belinda Sward, Vice PresIdent or Strategic Planning (San D!ego) Craig Lobel. Vice President of Emerging Technologies (San Diego) John PagHuso, Vice President of Commerc!al Properly SerVices (San Diego) Karen Sz~",k. Flnaneat Analyst (San Diego) Doug Hageman, General Counsel (San Diego) Consultants Peter Coyle, Land Use Consultant - Larkin Hoffman Attorneys (Minneapolis) Chris DOI~..n, Partnership Counsel - Fredrikson & Byron (Minneapolis) Bnan Larson, Principal Architect - Larson Brenner Architects (Minneapolis) Brian Johnson, C,V'; Engineer - Westwood Professional Selvices (Minneapolis) Adam Ducker, Vice President of Market Researctl ~ Robert Charles Lesser & Co. (Washington D,C.) Jane vYheeler, PresIdent/Creative Director - Roni Hicks & Associates (San Diego) Diane Gaynor, Vice PresldentiPublic Affairs - Roni Hicks & Associates (San Diego) Cales Givens. Head DeSigner - EDAW (Denver) Andrew Irvine, Senior Associate Land Planner - EDAW (Denver) Amanda Hindrnan, ,t..,ssocia\e Land Planner - EDAVV (Denver.) ~ Ne\Nland Ill. COMMUNITIES 10 Appendix - Community Outreach · Public Focus Group Sessions · Market Focus Groups · Neighborhood-Level Meetings · Local Vocals & Leaders · Large Group/Broader Olitreach · Community Partnerships ... Newland' Ilj. COlvlMUNlTIES ,~1,'.jli-"k"'<1ll.UII.'\f....~ 11 -- Newland@ Ii. COMMUNITIES ( ,/ AT THE HEART OF GREAT LIVING FACT SHEET r (-, "- ~ THE NEWLAND COMMUNITIES STORY Newland Communities has been creating desirable, livable communities across the nation for nearly four decades. With expertise in creating a special sense of community, Newland Communities brings to life the unique history, culture and traditions of the land we develop. Our active and long-term approach to community and development ensures we deliver on our vision while responsibly managing our partners' investment. We are driven by the deep-rooted values of caring, commitment and integrity and take a consumer-focused approach to land planning and development. OUR CORE BUSINESS A master-planned community is literally designed from the ground up. We begin each new community with consumer-focused research and a respect for the unique heritage and traditions of the particular land we will develop. Beginning with a parcel of raw land, we create a plan that makes the most of the aesthetic layout of the lands contours, incorporates natural features, assures compatibility of architectural styles, and demonstrates concern for personal safety and ease of resident movement. Plans include attractive amenities such as schools, libraries, green belts and parks, hiking and biking trails, recreational facilities such as swimming pools, fitness centers, community gathering areas, tennis courts, play areas, golf courses, and shopping. Each community's amenity plan is unique and designed to create a special sense of community for residents who will ultimately live there. In each case, a wealth of lifestyle features are carefully integrated into a community plan. CONTINUED GROWTH AND SUCCESS Currently, Newland Communities holds development land entitled for over 100,000 single-family residences, over 10,000 multifamily residences, over 10,000 acres of parcels earmarked for future residential development, 4,000 acres targeted for commercial development, and 7 daily-fee golf courses. We are projected to sell approximately 9,500 lots a year, creating new homes worth over $3.5 billion annually. Newland Communities has been successful because we have created a portfolio of communities with geographic diversity, a wide range of price points and attractive amenities. Diversification allows us to manage risk and optimize reward. Offering a wide selection of product lines and lifestyle choices within each community helps maximize the rate of unit absorption, which determines success in our industry. We are known across the country for creating communities that are rich in amenities, creating demand and high market-penetration rates while ensuring long-term livability for residents. In October 2003, Newland Communities acquired substantially all of the residential community development portfolio and related management operations of Terrabrook, the land development subsidiary of Westbrook Partners LLC. Newland acquired 21 of Terrabrook's master-planned residential communities. The value of the all-cash transaction was $600 million. This acquisition solidified Newland's position as the country's leading community developer with communities in states including Florida, Georgia, North Carolina, South Carolina, Texas, California, Colorado, Oregon, Washington, Minnesota, Maryland and Arizona. . A FOCUS ON TECHNOLOGY Taking advantage of the rapid integration of broadband technologies in the 21st century, Newland is involved in innovative applications of technology to the master-planned community business. These include community Intranets, exclusive, private networks that are available only to the members of individual communities, and pre-wired homes that enable the homeowner to take advantage of emerging "Smart Home" technologies. FINANCIAL PARTNERSHIPS Because Newland Communities creates communities with high values, strong cash flows and excellent returns, we have access to substantial investment capital through our partnerships with institutional investors. CalPERS (the California Public Employees Retirement System) is the nations largest public pension fund with assets totaling more than $183 billion, of which approximately $12 billion is invested in real estate. In 1994, CalPERS selected Newland Communities as a partner in our land acquisition and development investment program, investing in the development and acquisition of communities throughout the United States. Currently, CaIPERS' commitment with us exceeds $1 billion. For further information on CaIPERS, visit their web site at www.calpers.ca.gov. In April 1999, Hunt Realty Corporation acquired a significant interest in Newland Communities, which enabled Newland to continue to expand under its national diversification strategy. Based in Dallas, TX, Hunt Realty Corporation is the real estate investment company responsible for acquisition and investment management activities for Hunt Consolidated Inc. and other affiliated companies directed by Ray L. Hunt. For more . information about Hunt Realty Corporation, visit www.huntrealty.com. Other partners include American General Life Insurance Company, a member company of American International Group, Inc. (AIG: NYSE); and Institutional Housing Partners (IHP). EXECUTIVE LEADERSHIP Robert B. McLeod has been the Chairman and Chief Executive Officer of Newland Communities since 1987. The true visionary behind the company's evolution and growth - he is responsible for all residential and commercial activities, which has included over 60 communities and development projects in eleven states, covering more than 100,000 acres. LaDonna K. Monsees is Vice Chairman and President of Newland Communities. She is responsible for the financial and administrative management of the company and its numerous partnerships. She leads the company's continued growth through the administration of Newland's acquisition and development programs. Derek C. Thomas is Vice Chairman and Chief Operating Officer of Newland Communities. His role is to set and guide the companys operating strategy and provide support to the strong regional teams who deliver on the company's vision. He plays a key role in partner relations and identifying new business opportunities in strategically targeted markets. CONTACT INFORMATION -- Newland" · ~. COMMUNITIES Information on Newland Communities can be found on our web site at newlandcommunities.com or by calling 858.455.7503. I1JCopyright 2005 Newland Communities AT THE HEART OF GREAT LIVING Community Private Networks For more than three decades, Newland has been involved in building quality communities for our customers. Our consumer research has shown that customers are seeking a greater sense of connection with their neighbors and community. At the same time, consumers are seeking ways to simplify their lives. With the dissemination of broadband technologies in the last few years, developers were given a new method of addressing these needs -- the Community Private Network. The Benefits of Community Private Networks A Community Private Network is a private, flexible network that is available only to the members of our individual communities. By networking together their computers on a private website, the Community Private Network helps the residents of a community get to know their neighbors and manage their involvement in the community in a dynamic and interactive manner. This puts at the fingertips of homeowners everything they need to get the most out of their community. . Benefits for Residents . The advent of the Community Private Network provides tremendous benefits for consumers. A well done and thoughtfully implemented Community Private Network can enhance the quality of life of every resident by accelerating their community involvement and increasing their sense of connection with neighbors, which results in a more vibrant community. The Community Private Network brings a wealth of information inside the home of every participating resident of a high-technology Newland community. Homeowners can send e-mails using a resident directory, post and reply to messages on a community message board, download community or interest group events directly into their personal calendars, keep up with local events through online newsletters, and link to local web sites (schools, shopping and organizations). A "Marketplace" section on the Community Private Network allows residents to post classified ads to be viewed by other residents, learn about local busine?ses, and receive information on offers and discounts available only to the people living in their community. The Community Private Network enhances the quality of life of every resident by accelerating their community involvement and increasing their sense of connection with neighbors, making Newland's communities a better place to live. inspection and approval of (the Technology Service Provider); Builder shall arrange for such inspection by (the Technology Service Provider) prior to connecting the home to the (Technology Service Provider's) system, and shall p~y an inspection fee to (the Technology Service Provider) in the amount of $_ to perform such inspection. Such pre-wiring and connection shall be completed prior to occupancy of the home. Within five (5) business days after closing the sale of such home to a third party homebuyer, Builder shall notify (the Technology Service Provider) of the name and address of such homebuyer. Builders' Responsibilities for Infrastructure Construction Newland Communities' Production Builder Lot Purchase Agreement details the conditions under which the company sells residential lots to builders for the purpose of constructing homes for sale to homebuyers. Included in this agreement are two clauses that outline Newland's (the Seller's) and the homebuilder's (the Builder's) rights and obligations for installation of infrastructure and structured wiring systems that will support the delivery of technology services to homeowners. While specific terms will vary from community to community (builders should refer to the Purchase Agreement for complete details and legal responsibilities), the two clauses that refer specifically to these requirements are illustrated below: PRODUCTION BUILDER LOT PURCHASE AGREEMENT SELLER'S RIGHTS AND OBLIGATIONS 4.1 Subdivision Improvements. . (c) In addition to the above, Seller agrees to cause the following items to be constructed and / or installed at Seller's sole cost and expense in the normal course and regular sequence of development: "Bundled Digital Services," including telephone service, cable television service, high-speed Internet connectivity and security monitoring service, to within five (5) feet of each Builder Lot (the obligation and cost of pre-wiring and connecting each of Builder's homes to such service to be borne by Builder pursuant to Section 6.5(b) of this Agreement); 6.5 Utilities. (b) Builder acknowledges that Seller has entered into a Service Agreement with (name of Technology Service Provider) to provide "Bundled Digital Services," including telephone service, cable television service, high-speed Internet connectivity, and security monitoring service, to the Development. Builder shall, at Builder's sole expense, cause ea<;h home constructed by Builder on a Builder Lot to be pre-wired in accordance with specifications provided by (the Technology Service Provider) and connected to (the Technology Service Provider's) system in order for (the Technology Service Provider) to be able to provide "Bundled Digital Services" to such home. If Builder elects to have such wiring installed by someone other than (the Technology Service Provider), such installation shall be subject to the . The Benefits of Structured Wiring Although for the most part invisible - either underground in the community or within the walls of houses - the infrastructure that makes possible access to the array of technology services available is a network of structured wiring that goes far beyond traditional home wiring systems and provides a number of unprecedented benefits. Structured wiring: · Contains the broadband architecture and installation quality required to facilitate home office and true telecommuting applications... · Facilitates the introduction of sophisticated telecommunications systems, including advanced telephone systems and computer networks, allowing for shared broadband connections. . Allows for computer resource sharing, allowing printers, files, hard drives and modems to be networked and conveniently shared among family members and to / from the office and school. . Collects and distributes digital-quality data, audio, voice and video solutions. Promotes the distribution of entertainment services (including Video-on-Demand, satellite, VCR, DVD or security camera signals) to all TVs in the home. . Assures the ability to integrate a variety of home systems, for example using security sensors to monitor and control lighting or temperature settings, or accessing a home control and management system remotely over a telephone or Internet connection. · Incorporates the infrastructure necessary to easily upgrade to integrated intelligent applications, including "smart" appliances and home control and management systems. . Provides a forward compatible platform for the introduction and use of emerging technologies by providing a system that allows for technologies to be. added on a "Plug and Play" basis. . Is upgradeable on the time frame and desire of the owner, as there is a single introduction point for all added services and technologies. . Protects the long-term and resale value of the home. Infrastructure Newland Communities recognizes that in-home technologies will become an important economic development driver for the 21st century. Technology will sell homes as well as bring new business and jobs into the regions where our communities are located. Effective planning and high-quality construction today will ensure that the implementation of technology can someday extend far beyond the telephone, television, computer or the Internet. Once technology specifications are in place, and homes have been constructed with the capability of receiving advanced services, Newland.will have in place the advanced networks that can meet proven consumer needs. Infrastructure is critical because it effectively delivers the pathway linking every building and every person in a Newland Community. While companies such as Newland's Technology Service Providers are experts at communications technology, blending their expertise with the company's community development expertise will have dramatic significance in home systems and design, and in affecting families and their quality of life. . Working together, Newland, its builders, and our Technology Service Providers will ensure that building designs and concepts are combined into an exciting package that meets the consumer's needs today and into the future. Newland Communities has adopted specific requirements for residential structured wiring systems within its communities, to assure that new homes are able to receive and utilize state-of-the-art, broadband telecommunications services and technologies. Additionally, the structured wiring system installed today ensures that new homes have forward compatibility with emerging technologies for years to come. . 8. Seek to include the Technology Service Provider's subscription order form for telephone service, cable television service and data service and a description of all technology services in each escrow or leasing package and forward the subscription order form to the Technology Service Provider upon completion by the resident or prospective resident; 9. Include the Technology Service Provider's name and a brief description of the Service Provider's technology services in written, oral and electronic advertisements at the community whenever such advertisements describe the technology aspects of the amenities or services; 10. Co-promote the Newland community and the Technology Service Provider on their respective web pages; 11. Encourage all parties directly associated with the sale or lease of residential units to: a. Utilize the promotional services of the Newland community and the Service Provider as a component of their marketing and promotional efforts; b. Provide prospective buyers or renters with a copy of information and promotional brochures and materials; c. Include signage, displays and collateral materials of the Technology Service Provider in model units and other common-area facilities, to be determined by the Service Provider and Newland; d. Participate in training regarding marketing technology services and learn the policies and procedures regarding marketing; e. Include brief descriptions of products and services in advertisements describing technology aspects of the amenities or services in the community; f. Incorporate into promotional brochures and sales packages information and materials regarding the community, the residential units being developed and technology services; g. Provide the Technology Service Provider's buyer information, including notice of pending escrow closings and move-in schedules; and h. Provide the Technology Service Provider access to dwelling units prior to occupancy for activation of technology services. Marketing Efforts. Newland Communities and the Technology Service Provider will cooperate to market and promote technology services in the community in accordance with the following Marketing and Promotion Program. Marketing and Promotion Program Newland Communities and the Technology Service Provider will undertake a mutually acceptable marketing and promotion program with respect to technology services, which includes endorsing the Service Provider and describing the Marketing and Promotion Program to Newland's Neighborhood Builders, and property management, sales and leasing agents. The parties will seek to cooperate and work with each other, and whenever possible utilize the Oversight Committee, to create and carry out a unified, collaborative and consistent presentation of the project and technology services to prospective buyers and renters, including seeking agreement to: . 1. Design and provide collateral material specifically for and dedicated to use at the community. The marketing materials will be: a. Subject to the prior review and approval of each party; b. Co-branded with the Technology Service Provider's and Newland's trade names and trademarks. 2. Meet regularly to formulate, evaluate and modify marketing plans and to prepare, review and modify promotional brochures, packages, advertisements and other collateral materials; 3. Cooperate to create and use co-branded promotional and sales brochures, marketing packages and other collateral materials for the community, the form and content of which will be subject to the approval of each party; 4. Introduce and coordinate Newland's and the Technology Service Provider's respective marketing programs and sales and marketing agents; 5. Highlight technology services in meetings with prospective buyers and renters and at other opportune times during the marketing process; . 6. Provide prospective buyers and renters with the most current information and promotional brochures and materials; 7. Make Newland's sales agents available for training to learn to market technology services; Marketing and Implementation The Co-Marketing Agreement with Newland also outlines the duties and responsibilities of both parties to exclusively co-market technology services to residents. While Technology Service Providers should refer to a copy of the actual Agreement for a complete description of both parties' legal responsibilities, the following summary lists the major obligations to provide marketing of services. Rights and Responsibilities Exclusive Co-Marketing Rights. During the term of the agreement, Newland grants the provider of high-quality technology facilities and technology services the right to co-market technology services to all buyers and prospective buyers of single-family residences and multi-family residences in the community, and agrees not to promote competing services. New Services. If the Technology Service Provider is later able to offer new or additional telecommunications or technology services, the Technology Service Provider will promptly make these new services available to the residents of a Newland community. Service Provider Trademarks. Technology Service Provider will allow Newland to use its trademarks, including any logos or slogans created to market technology services, in Newland's marketing and promotion of technology services and the community. Service Provider Marketing Support. The Technology Service Provider will provide marketing support in the form of sales personnel and marketing materials at grand openings, realtor events and other similar community-related events. The Technology Service Provider's personnel will be required to be on site at prescribed times to participate in launch event planning, staff meetings, training, customer events and marketing planning sessions. In addition, a Technology Service Provider representative will be available one time per month for special events as they occur. Availability of Technology. For sales, marketing and demonstration purposes, the Technology Service Provider will, at its sole cost, provide digital cable television services (with Pay Per View and all Premium paid services blocked), data services and telephone serVices (with fee- based long distance service) to: (i) Newland's Welcome Center, (ij) each Neighborhood Builder in one of the Neighborhood Builder's single-family residence model home/sales centers, and (iii) each attached housing project with greater than 50 units. Marketing Fees. During the term of the agreement, the Technology Service Provider will pay Newland a marketing fee equal to a percentage of all gross receipts. Each quarter, the Technology Service Provider will produce a marketing fee report that details revenues and fees. Ownership and Maintenance of Technology Facilities Ownership and Maintenance. Except for inside wire, the Technology Service Provider will own all technology facilities installed by the Technology Service Provider (including customer-premises equipment). Except for inside wire, the Technology Service Provider will maintain all technology facilities. The Technology Service Provider will not own and will have no obligation to maintain the inside wiring or any inside pre-wiring, outlets or trim not installed by the Provider, and will not own and will have no obligation to maintain any inside pre-wiring, outlets or trim installed by the Technology Service Provider under contract for a third party such as a builder that has the obligation to install such pre-wiring, outlets or trim. Provision of Technology Services to Subscribers . Subscriber Agreements. The technology services provided by the Technology Service Provider will be provided on an individual subscriber basis. The terms and conditions in the subscriber agreement regarding charges for any technology service and customer-premises equipment (including the amount of any deposit, advance payment, rental or purchase of associated customer premises equipment and installation or hookup fees), will be as competitively priced and no more burdensome on subscribers than those generally available from the Technology Service Provider or other providers. The Technology Service Provider will also offer discounts to subscribers, selecting a combination of technology services that will be competitively priced with similar combined services offered by other providers. Customer Care. The Technology Service Provider will be responsible for all aspects of customer care such as maintenance, repair, billing of subscribers and customer service. . Roles and Responsibilities of Technology Service Providers Once Newland has selected a Featured Provider ("Technology Service Provider") of telephony, analog and digital cable television, and high-speed data transmission for a community, the two parties will sign a Co-Marketing Agreement that outlines the duties and responsibilities of both parties to supply technology services to residents. While Technology Service Providers should refer to a copy of the actual Agreement for a complete description of both parties' legal responsibilities, the following summary lists the major obligations tq"provide services. Obligations to Provide Technology Facilities, Trenching and Technology Services Technology Facilities. The Technology Service Provider, at its sole expense, will: . Design, construct, install, operate and maintain the technology facilities in a professional and workmanlike manner. Technology facilities must be capable of delivering technology services to all single-family residences, multi-family residences and businesses planned for construction in the community. . Cooperate and coordinate with Newland and its builders in the design, construction and installation of technology facilities. . Provide and install all necessary hardware and software and enter into all necessary interconnection agreements required to interconnect residents' technology facilities to local, national and worldwide networks as required to establish a state-of-the-art telecommunications network. . Obtain all necessary local, state and federal permits, licenses, zoning variances and other governmental approvals for construction, installation and maintenance of technology facilities. Trenching. Newland will agree to provide the Technology Service Provider with a schedule of joint trenching for the community. To the extent the Technology Service Provider needs to perform its own trenching activity outside Newland's schedule, it will perform, or pay for, the excavation, enlarging, opening and closing of any trench used in connection with the technology facilities. Technology Services Activation. The Technology Service Provider will make available any and all technology services to all residents and businesses in the community, and provide technology services to all subscribers on an individual basis or as part of a combined promotional package of technology services. The Provider must insure that each single-family residence, multi-family residence and business is activation-ready upon occupancy. Infrastructure and Transport Options Opportunities to provide technology services to Newland's communities are available to potential network and media service providers and related organizations. The resulting partnerships will produce a multilateral cooperation.with Newland Communities or other qualified and franchised network operators who may opt to own the network infrastructure and provide bandwidth to network providers. . Newland Communities may choose to construct and operate the conduit network within the community and may serve as the network construction partner for telecommunications services. In these cases, Technology Service Providers can focus on the provision of content, along with customer care, while Newland or its affiliate constructs, operates and provides conduit. If it chooses to construct the network, Newland will provide access for fiber optic networks for analog and digital applications, coaxial cable for broadband distribution networks, and twisted-pair access networks applicable to voice, video and data services. . Submissions Required of Technology Service Providers Newland Communities does not specify particular technology solutions, network architecture, customer care approaches, or business configurations and is open to proposed solutions that can meet our requirements using state-of-the-art, yet currently available, technology solutions. Technology Service Providers are expected to submit specifications for network characteristics, residential pre-wiring standards, customer care standards, and the economic and logistical boundaries around which the network will be developed. Specific individual services and service characteristics should be detailed, including actual details of the envisioned service offerings for voice, video and data services in terms of capacity, reliability, availability and adaptability to future evolution. The provider's vision of future service evolution and capability is of interest to Newland, particularly where it might impact current network architecture and design requirements. Service Providers are also expected to outline their proposed network architecture, with the network's agreed specifications overlaid on the physical environment of the community. In particular, a definition of the physical facilities (buildings, wiring plant, on-site customer care and technical management offices, power requirements, etc.) will be required to realize the specified network and service offering. Service Providers should also define their proposed network architecture (Fiber-to-the-Home, Fiber-to-the-Curb, Hybrid Fiber Coax, etc.) and proposed design rules that can be used to estimate construction costs, develop construction plans and carry out construction. An overview of the construction project should include methods of construction, intended placement of above-ground electronics, real estate requirements (hub sites, switching facilities, head-end location) and other construction elements or requirements. Newland Communities understands recent regulatory decisions enabling cross ownership and product bundling and packaging. In addition, Newland Communities recognizes the obligation for equal and fair access consistent with FCC, state and local government regulations. Newland Communities will, however, enter into agreements with its Technology Service Provider(s) that may facilitate customer purchase of services on a universal basis, or that may coordinate with the umbrella marketing services of the community. Qualifications of Technology Service Providers Newland Communities will select Technology Service Providers that can deliver services that meet the following project parameters: . A Digital Video delivery network with a capacity equivalent to at least 80 broadcast-quality television channels, including provision for direct connection of standard, cable-ready televisions and support of an interactive platform. . . High-speed data access to all residential, commercial, industrial and support facilities in the community (education, healthcare, retail and public access service locations). . Controlled connectivity between commercial, residential and outside network zones to facilitate the development of an on-site workforce able to work in a traditional business park setting as well as an on-site residential setting. . Telephone voice access line capacities to ensure delivery of requested capacities (minimum design assumed @ 2.6 lines per living unit). . High-speed data service network backbone capacity provisioned at gigabit speeds, suitable for attachment to commercial and residential local area networks operating at 10/100 megabits per second or greater. . Community-based Intranet services, including on-site web hosting. . On-site and remote customer care, including service order fulfillment, diagnostics, repair, performance monitoring, billing, and management of interconnected telephone, video and data service providers. . . Interface with government regulatory agencies at local, state and federal levels. Qualification and Selection of Technology Service Providers Newland's Technology Service Providers are expected to provide both the infrastructure and the ongoing delivery of co-marketed telecommunications services to all subscribers in the community on an as-needed basis. At a minimum, telecommunications services will include voice services, video services and high-speed data services. Providers may offer services in voice, video, data, wireless, community network, energy, telemetry, security and home automation. Newland's objective is to participate with and feature a single company or a group of companies capable of providing as many telecommunications services as possible to the residents of its communities. Selected Service Provider(s) will have an opportunity to be part of a coordinated, community- wide services infrastructure integrated through Newland. Interested providers should consider a variety of potential relationships to deliver these services. Responses need not follow traditional investment, operational or regulatory constraints, but should be crafted with Newland's mission and the needs of our residents in mind. At each community, it is Newland Communities' intention to enter into strategic relationships with one (most likely) or more (if necessary) Technology Service Providers and to jointly market these services with the sale of each new home. Partnership Options Newland Communities believes it is appropriate to retain certain options within its technology partnerships: . To lease/purchase fiber and non-fiber bandwidth from the Technology Service Provider on favorable terms. . To have the right to engage the Technology Service Provider to create and maintain an Intranet website for the project on its behalf. . To obtain hardware and services from the Technology Service Provider at discounted rates. . To secure agency, revenue share, and/ or commissions for products and services marketed or endorsed exclusively by Newland Communities. All marketing efforts will be on a "Featured Provider" basis and cannot disenfranchise other competing service providers holding legal status to deliver comparable services to Newland's communities. . . Technology Services Offered to Residents At Newland Communities, we are not only providing future homes for residents, we are providing homes for the future. Newland is committed to the innovative application of technology to the master-planned community industry. Newland is delivering the best features of computers, the Internet, cable television, telephone systems and innovative network solutions to the homes of our residents over structured wiring systems installed in their houses at the time of construction. Bringing broadband technologies to its homeowners is just one part of Newland Communities' technology vision. We are building homes that can provide access to the latest developments in information resources with wiring systems that can add the features of tomorrow's Smart Home as they become available. In the near future, our homeowners will be able to control their major appliances and security, lighting, and heating and air conditioning systems from both central and remote locations because their homes have been prepared for future technology integration. One component of the technology revolution is installing appropriate hardware. As we discuss later in this guide, Newland has adopted standards for structured wiring systems, installed by its builders, that meet today's needs for importing telecommunications into the home and that can be expanded as new applications are developed in the future. The other component in the technology revolution is bringing information into the home in the form of data and entertainment services that make the technology revolution possible, desirable and, in some cases, necessary to our modern lifestyles. Newland chooses to work with the industry's leading Technology Service Providers, companies that share our vision of the future. Selecting the very best suppliers assures that our initiatives are properly supported and our efforts are delivering real value to our customers. Newland's goal is to feature Technology Service Providers that are capable of providing as many telecommunications services as possible to the residents of our communities. This section of Newland's Technology Guide describes the process by whicJ:.t Newland selects its Technology Service Providers; the important role of Technology Service Providers and their responsibilities to Newland and its community residents; the joint marketing of services to residents and potential residents; and the implementation of services in their homes. Newland Communities' Technology Master Plan 'End-to-End' Process Chart Preliminary Phase Construction Phase . . The Importance of Technology to Today's Homeowner Newland Communities' goal is to provide every resident of its communities with access to a bundle of communication services that includes voice, video, data and security delivered over telephones, televisions and computers. Aside from the convenience of high-tech gadgetry, the practical benefits of home technology systems include the potential for reduced energy costs, increased flexibility in configuring and reconfiguring home electronics in harmony with user needs, and the ability to act as a gateway for new services as they are developed. The "wired" homeowner has the capacity to receive and distribute online computer connections, interactive entertainment, and many other forms of information, services and entertainment. In addition to offering cable or satellite television and local and long-distance telephone service, technology must be able to provide high-speed data transmission. High-speed broadband technology makes possible interactive entertainment, access to online video and audio, video conferencing, and real-time transactional services such as distance learning, remote healthcare and energy monitoring services. To make this suite of services possible, Newland insists on high-performance wiring systems and supporting infrastructure that can deliver advanced digital broadband telecommunications to the home. As the planner and developer of its communities, Newland is working with its builders and selected Technology Service Providers to install and integrate the wiring technologies that will provide an array of services throughout the home. Residents of a Newland community will be able to take advantage of the lifestyle improvements and state-of-the-art communications tools that are available now and in the future. Newland Communities' research has shown that structured wiring systems are as critical to homeowner satisfaction as modern electrical and plumbing systems. Newland is working closely with its builders to set standards and fulfill the requirements needed to establish connected, interactive networks within its homes and communities. High-quality, high-capacity coaxial and / or fiber optic cable and wiring that can handle data, voice and video will bring a number of benefits to the residents of its communities. Prom the first day they enter their home, residents will have access to the widest possible array of services for telecommuting, rel!lote education, intra-community communication, interactive entertainment, and home and time management. In today's market, every new home built with a structured wiring network has an advantage in the marketplace. And networks add to a home's sales value - many homebuyers view new houses that lack these built-in capabilities as obsolete. Newland Communities' ultimate goal is to build smarter and friendlier communities, where technology enhances the quality of life of every resident by accelerating their community involvement and increasing their sense of connection with neighbors, making Newland's communities great places to live. Introduction to Newland Communities Newland Communities is the country's leading master-planned community developer. Newland is known for producing signature master-planned communities that improve the quality of life and create a sense of community for their residents. The company's long-term commitment to quality and value in its communities ensures a superior standard of living for the people who call them home. The regions where Newland is active are dynamic job growth areas with strong long-term patterns of household formation. The company is developing more than 60 communities in 11 states including Maryland, North and South Carolina, Georgia, Florida, Texas, Colorado, California, Oregon, Washington, and Minnesota. Over the last four decades, Newland has developed more than 50,000 acres that today contain over 225,000 homes and 12 golf courses. The company currently is projected to sell 9,500 lots a year, creating new homes worth over $3.5 billion annually. Newland Communities are "amenity-rich," delivering a range of lifestyle options and high value to homebuyers. Amenity plans are developed based on a combination of experience, marketing studies and consideration for the lifestyle needs of each particular region. One of the most desirable amenities is the availability of in-home technologies, which provide high- speed access to information, communications and improved home management. This manual will outline in detail Newland's approach to technology. Newland's commitment to developing technology and providing a superior standard of living will continue to be carried out by a team of professionals, experienced and dedicated individuals who understand the long-term implications of their efforts and the impact of their work on people's lives. The company's employees represent the best and most experienced talent in the industry and the company's success is achieved through a total team effort. For more information on Newland Communities, visit the company's website at www.newlandcommunities.com. . . Table of Contents Newland's Technology Mission Statement Introduction to Newland Communities The Importance of Technology to Today's Homeowner Newland Communities' Technology Master Plan Technology Services Offered to Residents Qualification and Selection of Technology Service Providers Roles and Responsibilities of Technology Service Providers Marketing and Implementation Infras tructure The Benefits of Structured Wiring Builders' Responsibilities for Infrastructure Construction Community Private Networks The Benefits of Community Private Networks Features of Today's Community Private Networks Operation of the Community Private Network Roles and Responsibilities in Providing Service Sample Community Private Network Pages Electronic Registration (Passport Home™) Benefits of Passport Home The Passport Home Registration Process Suggested Scripts for Introducing Passport Home to Visitors Reports Available from Passport Home Privacy and Confidentiality Policy Newland's N'Focus Newsletters 1 2 3 4 5 6 10 12 15 16 17 19 19 20 21 22 23 26 26 27 28 31 32 35 Introduction Taking advantage of the rapid integration of broadband technologies in the 21st century, Newland Communities is committed to bringing innovative applications of technology to the master-planned community industry. Newland Communities believes that technology provides an opportunity to deliver valuable amenities to our residents and to attract buyers who want to enjoy the benefits of an interconnected lifestyle. The foundation of our service-delivery system is the pre-wired home, which provides access to the latest in digital technologies. Using their telephone service, television service and computer networks, residents can connect with information and entertainment services, home and business networks, the Internet and their Community Private Network, a "closed-circuit" website that is available only to the residents of individual communities. Pre-wired homes also will allow residents to upgrade to future services and hardware as they become available. You have received a copy of this guide because you are, or hope to become, involved with Newland Communities in helping to accomplish our technology mission. One or more sections of this guide pertain to the roles, responsibilities and expectations for you and your products or services. We invite you to review this guide carefully, to under- stand what is expected of you and learn how you can contribute to our mutual success. In some cases, because of space limitations and our desire to make this a useful document for all product and service providers and employees, we have provided abbreviated explanations of the terms and requirements involved in a particular task, installation or legal agreement. Because of this condensed format, none of the representations presented in this Guide legally bind Newland Communities. If you are selected to work with us, you will be asked to agree to detailed and duly executed agreements and legal documents. Providers should refer to these agreeme~ts and documents for a complete description of both parties' legal responsibilities. 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Q, _. g = . 8 ~ _. =' 0: ~ _. 0 = () ~a~ ~ ~ E ~ ~ .g~S-/"f'l ~ g S' 51 s..", " ~ ~ ;:l ~ ;- ~ ~ ~ ~ ~ ~ ra' 5r "0 ~.. CICl ~~ol <;i. g" (') m, -.... 0 o ::r'S [ ~ g a '" S' ~ 5 ~ ~ ~ g' ~ ~ '" p... a ~ ia. '" "0 .... ;:l (') & ~. S ~ S' 8- C/Q 0 ~~i(: < 0 ..., '" = a o""""t= "0 s- 5- a '" ~. gl1~ ~ 0 ~ ~ (1Q ..., 5- a f.'l "'0 tI) ~ .... 0 - o ...., ~ S So 8 ~ '" g tI) 8 S' :5. a '" ~. a S' ~ s::: ~ e.o -< 3 tI)'" ~ o. ;:l n o 3 3 c ::J '< ~ ('t) ..., n ::r ~ ::J 0... V1 ::J \10 "'i:l ::r ~ V1 rtl 0... "'i:l ..., o 3 o ...... o ::J ~ "'i:l ~ ::J V1 (')p...n ~r ~ Q ~sa 5'~ a ;:l ~ = ~ ~~. '" a z s. s ~ (; ~. ~ ..., '< fIJ ~ ::s ;' ::=:~~ ~ ~ c: ~ a ~ ::s '" I 0. .... Z 0'''' .... ~ EO ::s p... Newland's Promise: QevetC'pi~~ eC'~~",~itie6 i~ cfe~~~C'~,/ ~ith- th-e t~vi~C'~~e~t 101 Because we are in the business of developing well-planned residential communities with a strong sense of place and lasting value, care for the environment is one of Newland's primary concerns. Our company's community designs are based on realizing the potential inherent in the land we develop and preserving the environmental characteristics of each project, conserving natural resources now and in the future. Our respect for the environment motivates us to find innovative ways to manage our environmental impact at the project level, before, during, and after construction. Before the development of each Newland community begins, we work with local government agenCies and surrounding communities to develop a consensus on the values and features the community should reflect. This communications process leads to the approval of entitlements by local planning jurisdictions. Environmental studies are then undertaken and soil, hazardous waste and biological assessments prepared. The planning process Newland follows is sensitive to all the needs of the community, creating desirable living environments while preserving natural habitats and open spaces. When homes are constructed, we encourage our builder partners to use energy-conserving designs and materials and to emphasize conservation of resources during the building process. Through the installation of broadband technologies and community lntranets, Newland is using technology to improve the lives of our residents and make their homes more energy efficient. In the near future, thanks to the evolving technologies of the Smart Home, our homeowners will be able to control their major appliances and security, lighting, and heating and air conditioning systems from both central and remote locations because their homes have been wired for future technology integration. r I Over the years, Newland has received a number of awards and accolades from governmental and planning agencies for its sensitivity to land use issues and high-quality design work. · We created the 3,OOO-acre Penasquitos Canyon, the largest open space ever dedicated to the City of San Diego as park and preserve. · The company was recognized for preserving over 20,000 oak trees in conjunction with the development of 2.5 miles of publiC hiking and biking trails at a project in Sacramento, California. . Newland received a Visual Improvement Award from the City of Phoenix, an environmental design award for protection of hillsides and saguaro cactus, and Urban land Institute (UlI) Quality Master-Planned Community Project recognition for a community in Phoenix. · The Florida Association of Realtors chose a Newland community as Best Environmentally Planned Community in Florida. looking ahead, Newland wants to be known as a company that follows best management practices in the planning, design and execution of environmentally sensitive communities. We recognize that greener communities provide economic benefits and a higher quality of life. We promise to develop in harmony with the environment, for the benefit of our current residents and future generations. $4;1/ Robert Mcleod Chairman Environmentally sensitive communities blend innovative approaches to land use planning, material selection and resource protection. In Newland's case, this philosophy becomes reality in how we layout our neighborhoods, situate houses on the land, conserve plant and water assets, and preserve the best features of the land. From concept to completion, the goal of building greener communities is an integral part of Newland's thought processes. Site Selection & Topography Enhancement Design of Common Areas One of the first aspects of green development is an emphasis on making the best possible use of every natural site and preserving its most important features. To accomplish this, one of our first priorities when we consider the land development possibilities for a community is to conduct an opportunities assessment. We analyze what is unique about the land and emphasize the best features in the planning process. Elevations, views, natural features and open spaces are all taken into consider- ation to create a topographically distinctive community. We call this the process of "place making." Newland Communities has successfully developed land with a wide range of topographies, from level areas to gradual slopes; rolling hills and steep inclines; wooded plots, lakefront properties and desert landscapes. When creating master plans, natural terrain is preserved. We endeavor to save the trees and plants that are indigenous to each area and add supplemental vegetation composed primarily of native trees, shrubs and grasses. In every phase of the project, including planning, construction and management, we seek a thoughtful, purposeful approach. We take particular care with the design of common areas and amenities. We know that the level and quality of amenities makes a critical difference when buyers are choosing between a Newland community and another community. Natural amenities, including hiking and biking paths, parks, waterfront recreation areas, wildlife habitat areas and marshes, are integrated in a way that reinforces the lifestyle positioning and image of each community. Once topographical and environmental plans are completed, housing is carefully integrated with open spaces, traffic corridors and recreational amenities to produce a total community plan. Land development techniques that cluster homes and preserve trees, wetlands, meadows, rock formations and other desirable features are staples of Newland's greener communities process. Homes are clustered to allow room for open space and parks . . Building green means retaining trees and planting vegetation that can remove pollutants and sediment from storm water Building with Trees Emphasizes Protection Voluntary tree and woodland preservation is one of the most visible and important trends in greener communities. Retaining trees preserves the natural environment and enhances the community, making homes more desirable to buyers. Plans for tree preservation start at the beginning of project design, before the site plan is developed. A conservation plan determines which trees will be saved and which will be moved or removed, the location of tree protection fencing, the use of root pruning, and how to use mitigation techniques when excavation cannot be avoided. By implementing the proper planning, construction and maintenance processes, we save trees, time and money, preserving natural assets with lasting value that appeal to home buyers and increase project success. I Environmentally friendly site design, tree preservation and storm water maintenance swales add value to new communities . located in Houston, Texas, Summerwood encompasses 1,500 acres where residents live among lakes and shady, tree-lined trails, in homes surrounded by nature. As caretaker of the land, Newland has established a number of best management practices for developing greener at Summerwood. We have worked in collaboration with the Texas Parks & Wildlife . Department, the U.S. Army Corps of Engineers, the Texas Commission on Environmental Quality, the U.S. Rsh and Wildlife Service and several other environmental agencies to preserve and restore Summerwood's 130 acres of wetlands. As a first step, 94% of the original jurisdictional wetlands, known as Carpenter's Bayou, were left untouched in the Summerwood community plan. Upland buffers were then installed along edges of the conserved wetlands to provide water quality treatment, wildlife habitat and aesthetic values. Buffers increased the total wetland area by approximately 24%. Through careful engineering design, Newland communities was able to avoid dearing and filling upland development areas by utilizing the on-site wetlands for storm-water storage. lots bordering wetland areas are being graded or maintained at a natural grade to allow rainfall runoff to drain directly into the wetlands rather than being diverted to drainage facilities. Carpenter's Bayou was severed during past freeway construction, resulting in a loss of wetland habitat and disrupting historical drainage patterns. Newland is reconnecting Carpenter's Bayou by installing large box culverts under the highway, a significant component of restoring past drainage patterns and recreating a contiguous wildlife habitat.r . - - dQH~)f~IOM DNINNVid ONVl ___, . ~ .'.' .~_._._..._ .', ..., _, .. ,. II.. r. 8 -at:] '" z c:~ ~ roz ~ " - :::J is $~ ~ QJ~ z8 ~ <: .. '<. >- ,........ It-- \ I '" Q: "- W CL 0 cr &:L W " ..... Q. ~ ...., W l J ~ .- I l \. 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'1' .~~ ' - ,: ,':JI~ . .. .~ :2.. t~. j.,~" '111(,.,":' .. ~,..~ I" I I 00- ~ 0::: <( ~ 0 z <( .....J ~ Z - ~ <( ~ w () <( .....J fl.. r ., , . -.;:; ~, '<::t ::: = 't""'" ~~ . 3;;;; :oJ". zs, I I -4 R55CKSUM LOG23000VO CITY OF FARMINGTON 3/2/2006 10:20:22 Council Check Summary Page - COUNCIL MEETING ON MARCH 6, 2006 2/20/2006 - 3/512006 Vendor Business Unit Object Amount 4 PAWS ANIMAL CONTROL POLICE ADMINISTRATION PROFESSIONAL SERVICES 1,187,45 1,187,45 AFFINITY PLUS FEDERAL CREDIT U EMPLOYEE EXPENSE FUND CREDIT UNION PAYABLE 2,500.00 2,500,00 AFLAC EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 3,180,00 3,180,00 AGGREGATE INDUSTRIES INC WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 298,39 298,39 ALCORN BEVERAGE CO, INC, DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 9,138,50 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 7,535,65 16,674,15 ALL STAR WIRELESS GENERAL FUND BALANCE SHEET MN SALES TAX DUE .83- PATROL SERVICES CELLULAR PHONES 13,57 12,74 ALLSTATE SALES & LEASING CORP, SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 514,52 514,52 APPLIED CONCEPTS INC CAPITAL ACQUISITION MACHINERY & EQUIPMENT 3,742,00 3,742,00 ASCE/MEMBERSHIP ENGINEERING SERVICES SUBSCRIPTIONS & DUES 220,00 / 220,00 / ASPEN EQUIPMENT CO, NATURAL RESOURCES EQUIPMENT REPAIR SERVICE 350,00 350,00 BECKER ARENA PRODUCTS INC ICE ARENA OPERATIONS EXPENSE EQUIP SUPPLIES & PARTS 111.19 111,19 BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,110.67 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 144.17 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 1,143.64 2,398.48 BELLOWS, ANDY EMPLOYEE EXPENSE FUND TumON REIMBURSEMENT 2,908.13 , ~ '" 2,908.13 "" R55CKSUM LOG23000VO CITY OF FARMINGTON 3/2/2006 10:20:22 Council Check Summary Page - 2 2/20/2006 - 3/5/2006 Vendor Business Unit Object Amount BELZER'S CHEV/DODGElKIA, JEFF STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 26,05 SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 30,14 56,19 BOESE, MARJORIE L EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 240,90 240,90 BONESTROO ROSENE ANDERLlK INC PLANNING & ZONING PROFESSIONAL SERVICES 500,00 ENGINEERING SERVICES PROFESSIONAL SERVICES 4,485,50 STREET MAINTENANCE PROFESSIONAL SERVICES 90,00 MEADOVWIEW PARK PROFESSIONAL SERVICES 708,33 MIDDLE CREEK PARK PROFESSIONAL SERVICES 708,33 VERMILLION GROVE PARK PROFESSIONAL SERVICES 708,34 STREET CONSTRUCTION PROFESSIONAL SERVICES 600.00 AKIN ROAD PROFESSIONAL SERVICES 2,452,07 ASH STREET PROJECT PROFESSIONAL SERVICES 5,960.82 195TH ST EXTENSION PROFESSIONAL SERVICES 57,970,26 SPRUCE 5T EXTENSION PROFESSIONAL SERVICES 3,023,50 ELM ST RECONSTRUCTION PROFESSIONAL SERVICES 1,343,90 FIRE CAPITAL PROJECTS PROFESSIONAL SERVICES 120,00 PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 25,186,46 HILLDEE RECONSTRUCTION PROFESSIONAL SERVICES 30,013,36 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 4,573,72 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 17,713,74 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 2,574,72 WELL #8 PROFESSIONAL SERVICES 1,301,76 INSURANCE PROFESSIONAL SERVICES 1,238,75 161,273,56 CAMPBELL KNUTSON LEGISLATIVE CONTROL LEGAL 2,997,19 ADMINISTRATION LEGAL 1,177.46 PLANNING & ZONING LEGAL 1,146.72 POLICE ADMINISTRATION LEGAL 6,217.01 ENGINEERING SERVICES LEGAL 338.86 RECREATION PROGRAM SERVICES LEGAL 163.52 HRAlECONOMIC DEVELOPMENT LEGAL 1,172.00 POLICE FORFEITURES LEGAL 189.50 ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 186.88 ASH STREET PROJECT LEGAL 399,88 PRIVATE CAPITAL PROJECTS LEGAL 1,885,50 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 221,93 -1 R55CKSUM LOG23000VO CITY OF FARMINGTON 3/212006 10:20:22 Council Check Summary Page - 3 2120/2006 - 3/5/2006 Vendor Business Unit Object Amount INSURANCE LEGAL 5,764,50 21,860,95 CARQUEST NATURAL RESOURCES VEHICLE SUPPLIES & PARTS 7.42 ICE ARENA OPERATIONS EXPENSE EQUIP SUPPLIES & PARTS 7,03 FLEET OPERATIONS OTHER SUPPLIES & PARTS 16,49 30,94 CDWGOVERNMENT INC WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 236,56 236,56 CENTURY COLLEGE CECT INVESTIGATION SERVICES TRAINING & SUBSISTANCE 95,00 95,00 CERTIFIED APPLIANCE RECYCLING SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 435,00 435,00 CHRISTENSEN, KYLE RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 172,00 172,00 CINTAS - 754 POLICE ADMINISTRATION PROFESSIONAL SERVICES 117,33 STREET MAINTENANCE UNIFORMS & CLOTHING 109,53 PARK MAINTENANCE UNIFORMS & CLOTHING 206,70 BUILDING MAINT SERVICES UNIFORMS & CLOTHING 10.19 BUILDING MAl NT SERVICES PROFESSIONAL SERVICES 56,31 SEWER OPERATIONS EXPENSE UNIFORMS & CLOTHING 109,53 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 70.41 SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 327,00 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 70.41 STORM WATER UTILITY OPERATIONS UNIFORMS & CLOTHING 109,53 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 14,07 WATER UTILITY EXPENSE UNIFORMS & CLOTHING 109,53 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 70,41 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 159.07 FLEET OPERATIONS OTHER SUPPLIES & PARTS 51.67 FLEET OPERATIONS UNIFORMS & CLOTHING 64,52 1,656,21 CMI MAILING & MARKETING SVS RECREATION PROGRAM SERVICES OUTSIDE PRINTING 1,440,24 1,440,24 CNH CAPITAL STREET MAINTENANCE RENTAL OF EQUIPMENT 393,42 R55CKSUM LOG23000VO CITY OF FARMINGTON 3/2/2006 10:20:22 Council Check Summary Page - 4 2/20/2006 - 3/5/2006 Vendor Business Unit Object Amount PARK MAINTENANCE RENTAL OF EQUIPMENT 417,05 810.47 COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 13,161.95 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 14,587,95 27,749,90 CULLIGAN ULTRAPURE INDUSTRIES ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 129,66 129,66 CURTIS FIRE CONTROL PATROL SERVICES PROFESSIONAL SERVICES 52,72 FIRE SERVICES EQUIPMENT REPAIR SERVICE 30,62 83,34 DAKOTA COUNTY LUMBER COMPANY PARK MAINTENANCE OTHER SUPPLIES & PARTS 220,78 220.78 DAKOTA COUNTY TREASURER SNOW REMOVAL SERVICES STREET MATERIALS 14,732,00 PARK MAINTENANCE OTHER SUPPLIES & PARTS 156,00 14,888,00 DAKOTA COUNTY TREASURER/AUDITO DOWNTOWN TIF PROFESSIONAL SERVICES 2,332,00 CITY CENTER TIF PROFESSIONAL SERVICES 484,00 JIT POWDER TIF PROFESSIONAL SERVICES 421,00 MN PIPE TIF PROFESSIONAL SERVICES 421,00 E FARMINGTON T1F PROFESSIONAL SERVICES 11,656,00 CONTROLLED AIR TIF PROFESSIONAL SERVICES 421,00 CROP CHARAC TIF PROFESSIONAL SERVICES 421,00 CG CONSTRUCTION TIF PROFESSIONAL SERVICES 421,00 LEXINGTON STD TIF PROFESSIONAL SERVICES 442,00 PRECISION VALVE TIF PROFESSIONAL SERVICES 421,00 DALSIN MFG TIF PROFESSIONAL SERVICES 421,00 EAGLES CLUB TIF PROFESSIONAL SERVICES 421,00 18,282,00 DARRAGH MACHINE WORKS INC SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 426,00 426,00 DAU, TED INVESTIGATION SERVICES UNIFORMS & CLOTHING 79.29 INVESTIGATION SERVICES TRAINING & SUBSISTANCE 5.30 84.59 R55CKSUM LOG23000VO CITY OF FARMINGTON 3/2/2006 10:20:22 Council Check Summary Page - 5 2/20/2006 - 3/5/2006 Vendor Business Unit Object Amount DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,083,37 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 3,450,85 4,534,22 DELEGARD TOOL CO SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 44,00 FLEET OPERATIONS OTHER SUPPLIES & PARTS 172,27 216,27 DICK'S SANITATION INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 21,496,40 21,496,40 DISTAD, RANDY RECREATION PROGRAM SERVICES MILEAGE REIMBURSEMENT 87,67 87,67 DYNAMEX PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 79,01 79,01 ECM PUBLISHERS INC ADMINISTRATION LEGAL NOTICES PUBLICATIONS 36,00 36,00 ECONO FOODS POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 13,58 SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 70,20 SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 40,91 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 41,00 165,69 EHLENZ, MARIE RESCUE SQUAD SERVICES TRAINING & SUBSISTANCE 1,500,00 1,500,00 EMERGENCY MEDICAL PRODUCTS INC CAPITAL ACQUISITION MACHINERY & EQUIPMENT 1,604,29 1,604.29 ENERGY ALTERNATIVES INC POLICE ADMINISTRATION ELECTRIC 1,685,39 BUILDING MAINT SERVICES ELECTRIC 583,32 SEWER OPERATIONS EXPENSE ELECTRIC 729,15 SOLID WASTE OPERATIONS ELECTRIC 729.15 STORM WATER UTILITY OPERATIONS ELECTRIC 145.83 WATER UTILITY EXPENSE ELECTRIC 729.15 4,601,99 FARMINGTON BAKERY INC ADMINISTRATION OFFICE SUPPLIES 14,70 14,70 R55CKSUM LOG23000VO CITY OF FARMINGTON 3/212006 10:20:22 Council Check Summary Page - 6 2/20/2006 - 3/5/2006 Vendor Business Unit Object Amount FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 50,00 50,00 FARMINGTON HIGH SCHOOL ICE ARENA REVENUE ADMISSIONS 1,798,07 1,798,07 FARMINGTON PRINTING INC ADMINISTRATION OFFICE SUPPLIES 3,73 ADMINISTRATION OUTSIDE PRINTING 151,23 SENIOR CENTER PROGRAMS OFFICE SUPPLIES 15.98 170,94 FERRELL GAS PRODUCTS CO ICE ARENA OPERATIONS EXPENSE FUEL 162,96 162,96 FLEET COMPUTING INTERNATIONAL FLEET OPERATIONS SUBSCRIPTIONS & DUES 625,00 625,00 FRONTIER COMMUNICATIONS COMMUNICATIONS TELEPHONE 2,153,21 POLICE ADMINISTRATION TELEPHONE 1,646,20 PATROL SERVICES TELEPHONE 67,16 ICE ARENA OPERATIONS EXPENSE TELEPHONE 44,49 SEWER OPERATIONS EXPENSE TELEPHONE 444.91 SOLID WASTE OPERATIONS TELEPHONE 44.49 WATER UTILITY EXPENSE TELEPHONE 323,35 4,723,81 FRONTIER COMMUNICATIONS OF AME COMMUNICATIONS TELEPHONE 57.73 DOWNTOWN LIQUOR REV & EXP TELEPHONE 3.31 61.04 GALLS INCORPORATED PATROL SERVICES UNIFORMS & CLOTHING 31,48 31.48 GARZA, JOSE SEWER OPERATIONS REVENUE ENTERPRISE SALES 19,98 19,98 GATEWAY COMPANIES INFORMATION TECHNOLOGY OFFICE SUPPLIES 63,63 FIRE CAPITAL PROJECTS MACHINERY & EQUIPMENT 3,567,85 3,631,48 GOPHER STATE ONE-CALL INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 277,65 R55CKSUM LOG23000VO CITY OF FARMINGTON 3/212006 10:20:22 Council Check Summary Page. 7 212012006 . 3/5/2006 Vendor Business Unit Object Amount WATER UTILITY EXPENSE PROFESSIONAL SERVICES 277.65 555,30 GRAINGER INC RESCUE SQUAD SERVICES VEHICLE SUPPLIES & PARTS 278.22 278,22 GRIFFIN, LYNDON SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 85,00 85,00 GRIGGS COOPER & CO DOWNTO\MIIllQUOR REV & EXP COST OF GOODS SOLD 2,634,65 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 1,379,90 4,014,55 HA'M<INS INC WATER UTILITY EXPENSE CHEMICALS 109,46 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 10,00 119,46 HAYES, DON PARK MAINTENANCE OTHER SUPPLIES & PARTS 51,75 51,75 HEAL THPARTNERS EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 6,715,38 6,715,38 HOHENSTEINS INC DOWNTO\MII LIQUOR REV & EXP COST OF GOODS SOLD 585.80 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 603,55 1,189,35 HYDRO METERING TECHNOLOGY WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 669,89 669,89 ICMA RETIREMENT TRUST-457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 5,026.92 5,026,92 IKON OFFICE SOLUTIONS ADMINISTRA nON RENTAL OF EQUIPMENT 1,578,34 1,578.34 INDUSTRIAL CHEM LABS & SVS INC SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 471,43 471,43 JOHNSON BROTHERS LIQUOR COMPAN DOWNTO\MlllIQUOR REV & EXP COST OF GOODS SOLD 2,035,87 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 2,007.51 4,043,38 R55CKSUM LOG23000VO CITY OF FARMINGTON 3/2/2006 10:20:22 Council Check Summary Page - 8 2/20/2006 - 3/5/2006 Vendor Business Unit Object Amount KATH FUEL OIL SERVICE FLEET OPERATIONS LUBRICANTS & ADDITIVES 197,02 197,02 KEEPRSINC PATROL SERVICES UNIFORMS & CLOTHING 349,37 349.37 KEYLAND HOMES ESCROW FUND DEPOSITS PAYABLE 2,000,00 2,000,00 LAKEVILLE, CITY OF PATROL SERVICES CONTRACTUAL SERVICES 9,816,36 FIRE SERVICES CONTRACTUAL SERVICES 4,908.17 PARK MAINTENANCE OTHER SUPPLIES & PARTS 13.25 14,737.78 LARSON, TIM SEWER OPERATIONS REVENUE ENTERPRISE SALES 54,29 54,29 LASERSHARP INC ADMINISTRATION OFFICE SUPPLIES 233.24 233,24 LAW ENFORCEMENT LABOR SERVICES EMPLOYEE EXPENSE FUND LELS DUES PAYABLE 240,50 240,50 LEAGUE OF MINNESOTA CITIES - P LEGISLATIVE CONTROL SUBSCRIPTIONS & DUES 20,00 LEGISLATIVE CONTROL TRAINING & SUBSISTANCE 190,00 210,00 LEAGUE OF MN CITIES INSURANCE INSURANCE INSURANCE 1,237,00 1,237,00 LERBAKKEN, JUSTIN RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 96,00 96,00 LINDQUIST, BRIAN POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 25,46 25,46 MACQUEEN EQUIPMENT SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 159,09 159,09 MANN, CAROL GENERAL FUND REVENUES ANIMAL LICENSES 4,00 4,00 R55CKSUM LOG23000VO CITY 01= FARMINGTON 3/212006 10:20:22 Council Check Summary Page - 9 2120/2006 - 3/512006 Vendor Business Unit Object Amount MARK VII DISTRIBUTORS INC DO\I\INTO\I\IN LIQUOR REV & EXP COST OF GOODS SOLD 1,510.96 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 2,696.70 4,207.66 MARTIN, JUDY ICE ARENA OPERATIONS EXPENSE PROGRAMMING EXPENSE 57,23 57,23 MARTIN-MCALLISTER POLICE ADMINISTRATION PROFESSIONAL SERVICES 350.00 350.00 MEDICA EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 49,111.68 49,111.68 MEDTRONIC PHYSIQ-CONTROL CORP RESCUE SQUAD SERVICES MACHINERY & EQUIPMENT 537,10 537,10 METRO ALARM DO\I\INTO\I\IN LIQUOR REV & EXP PROFESSIONAL SERVICES 255,44 DO\I\INTO\I\IN LIQUOR REV & EXP EQUIPMENT REPAIR SERVICE 140.00 PILOT KNOB LIQUOR REVENUE PROFESSIONAL SERVICES 191.54 586,98 METROPOLITAN COUNCIL SEWER OPERATIONS REVENUE SAC CHARGE RETAINER 42,966,00 SEWER OPERATIONS EXPENSE MCES FEES 64,677.84 107,643,84 MINNESOTA AFSCME COUNCIL #5 EMPLOYEE EXPENSE FUND AFSCME UNION DUES PAYABLE 669,40 669.40 MINNESOTA BENEFIT ASSOCIATION EMPLOYEE EXPENSE FUND MBA PAYABLE 108,34 108,34 MINNESOTA PIPE AND EQUIPMENT WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 385.53 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 29,29 414,82 MINNESOTA RECREATION & PARK AS PARK MAINTENANCE TRAINING & SUBSISTANCE 470,00 470.00 MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 1,758.98 1,758.98 R55CKSUM LOG23000VO CITY OF FARMINGTON 3/2/2006 10:20:22 Council Check Summary Page - 10 2/20/2006 - 3/5/2006 Vendor Business Unit Object Amount MINNESOTA, STATE OF BUILDING INSPECTIONS TRAINING & SUBSISTANCE 35,00 35.00 MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 992,60 992,60 MN DEPT OF REVENUE EMPLOYEE EXPENSE FUND GARNISHMENT PAYABLE 291,76 291,76 MOODY COUNTY CLERK OF COURTS EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 175,00 175,00 MVTL LABORATORIES INC WATER UTILITY EXPENSE PROFESSIONAL SERVICES 98,75 98,75 NEWSWEEK POLICE ADMINISTRATION SUBSCRIPTIONS & DUES 40,00 40,00 NORMAN, PATTI SINIMMING POOL OPERATIONS TRAINING & SUBSISTANCE 40,05 40,05 NORTHERN DAKOTA COUNTY LEGISLATIVE CONTROL TRAINING & SUBSISTANCE 180,00 ADMINISTRATION TRAINING & SUBSISTANCE 45,00 HRNECONOMIC DEVELOPMENT TRAINING & SUBSISTANCE 30,00 DOWNTOWN LIQUOR REV & EXP SUBSCRIPTIONS & DUES 1,000,00 1,255,00 NORTHLAND CHEMICAL CORP SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 98,48 98,48 NRG ENERGY INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 1,429,27 1,429,27 NRG PROCESSING SOLUTIONS LLC NATURAL RESOURCES PROFESSIONAL SERVICES 217,25 217,25 O'LEARY, TIM GENERAL FUND BALANCE SHEET DEPOSITS PAYABLE 601,45 601,45 OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 1,325.85 FIRE CAPITAL PROJECTS FURNITURE & OFFICE E 3,024.30 4,350.15 R55CKSUM LOG23000VO CITY OF FARMINGTON 3/212006 10:20:22 Council Check Summary Page - 11 2120/2006 - 3/5/2006 Vendor Business Unit Object Amount PC MALL FIRE CAPITAL PROJECTS MACHINERY & EQUIPMENT 160,76 160,76 PELLlCCI HARDWARE & RENTAL DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 24,64 24,64 PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,696.15 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 780,63 2,476,78 PIERS KALLA, ADAM RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 38,00 38,00 PINE BEND LANDFILL INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 13,101,39 13,101,39 POLFUS IMPLEMENT INC, PARK MAINTENANCE EQUIPMENT REPAIR SERVICE 3,18 3,18 POS BUSINESS SYSTEMS INC PILOT KNOB LIQUOR REVENUE EQUIPMENT REPAIR SERVICE 75,90 75,90 PREECE,BEVERLY SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 66,00 66,00 PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 10,739.32 EMPLOYEE EXPENSE FUND PERA 13,177.29 23,916,61 QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 673,02 673.02 R & R SPECIAL TIES OF VIIISCONSIN ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 48.00 48.00 R&R CLEANING CONTRACTORS INC. DOWNTO'Ml LIQUOR REV & EXP BUILDING REPAIR SERVICE 36.93 PILOT KNOB LIQUOR REVENUE BUILDING REPAIR SERVICE 36,73 73,66 REYNOLDS WELDING SUPPLY CO FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 5,61 5,61 R55CKSUM LOG23000VO CITY OF FARMINGTON 3/2/2006 10:20:22 Council Check Summary Page - 12 212012006 - 3/5/2006 Vendor Business Unit Object Amount RIVERTOVI/N NEWPAPER GROUP ADMINISTRATION SUBSCRIPTIONS & DUES 61,00 DOVl/NTOVI/N LIQUOR REV & EXP COST OF GOODS SOLD 32.40 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 130,50 223,90 ROLAND, ROBIN GENERAL ACCOUNTING TRAINING & SUBSISTANCE 15,00 GENERAL ACCOUNTING MILEAGE REIMBURSEMENT 84,55 99,55 ROSEMOUNT PARK & RECREATION RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 193,04 193.04 SAND, JACOB M RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 57,00 57,00 SAUTER, BOB EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 1,180,00 1,180,00 SCHIMMEL, RICH SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 38,33 38,33 SCOVILL, SHAVI/N PATROL SERVICES UNIFORMS & CLOTHING 28,52 28,52 SIEBENALER, JUSTIN ENGINEERING SERVICES OFFICE SUPPLIES 67,06 67,06 SILBER, JENNIFER RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 64,00 64,00 STREICHER'S PATROL SERVICES OTHER SUPPLIES & PARTS 590.11 PATROL SERVICES UNIFORMS & CLOTHING 819.98 1,410.09 SWENSON, ORVILLE SEWER OPERATIONS REVENUE ENTERPRISE SALES 81,52 81,52 TERMINAL SUPPLY CO, FLEET OPERATIONS OTHER SUPPLIES & PARTS 398,67 398,67 TOLL GAS & WELDING SUPPLY WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 202.28 R55CKSUM LOG23000VO CITY OF FARMINGTON 3/2/2006 10:20:22 Council Check Summary Page - 13 2120/2006 - 3/5/2006 Vendor Business Unit Object Amount 202,28 TONY'S APPLIANCE INC FIRE CAPITAL PROJECTS MACHINERY & EQUIPMENT 2,199.23 2,199,23 TRAFFIC CONTROL CORPORATION CAPITAL ACQUISITION MACHINERY & EQUIPMENT 1,515,20 1,515,20 TROPHIES PLUS PATROL SERVICES OFFICE SUPPLIES 20,64 20,64 ULTIMATE MARTIAL ARTS DBA KIDS RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 84.00 84,00 UNIFORMS UNLIMITED INC PATROL SERVICES UNIFORMS & CLOTHING 40.45 CAPITAL ACQUISITION MACHINERY & EQUIPMENT 3,990.34 4,030,79 UNION SECURITY INSURANCE COMPA EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 2,230.47 2,230.47 UNITED STATES POSTAL SERVICE COMMUNICATIONS POSTAGE 2,000.00 2,000,00 UNIVERSITY OF MINNESOTA PARK MAINTENANCE TRAINING & SUBSISTANCE 280,00 280,00 USIINC SENIOR CENTER PROGRAMS OFFICE SUPPLIES 67,05 SV\IlMMING POOL OPERATIONS OTHER SUPPLIES & PARTS 60.00 127,05 VOGEL, ROBERT C BOARDS & COMMISSIONS PROFESSIONAL SERVICES 1,500,00 1,500,00 WHITE, DAVE GENERAL FUND REVENUES RECREATION FEES - GENERAL 23,00 23.00 V\IlNE COMPANY, THE DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 163,20 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 248,80 412,00 V\IlNE MERCHANTS DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 356.86 R55CKSUM LOG23000VO Vendor WOLD ARCHITECTS & ENGINEERS IN XCEL ENERGY ZIEGLER INC Business Unit PILOT KNOB LIQUOR REVENUE FIRE CAPITAL PROJECTS EMERGENCY MGMT SERVICES SIGNAL MAINTENANCE BUILDING MAl NT SERVICES HRNECONOMIC DEVELOPMENT SEWER OPERATIONS EXPENSE SOLID WASTE OPERATIONS STORM WATER UTILITY OPERATIONS WATER UTILITY EXPENSE SOLID WASTE OPERATIONS SODERBERG FOGARTY MCKNIGHT PRITZLAFF WILSON CITY OF FARMINGTON Council Check Summary 2/20/2006 - 3/512006 Object COST OF GOODS SOLD PROFESSIONAL SERVICES ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC VEHICLE SUPPLIES & PARTS Report Totals 3/2/2006 10:20:22 Page - 14 Amount 606,17 963,03 3,085,14 3,085,14 8,09 5,494.48 42,57 7,71 119,04 17,24 3.45 1,438,14 7,130,72 1,367.30 1,367,30 621,439.93